HomeMy Public PortalAbout013017publicpacket MEETING NOTICE
TOWN OF BRE WSTER
BOARD OF,SELECTMEN
Location: 2198 Main Street,Brewster, MA 02631
Date: Monday,January 30, 2017
Time: 6:30 PM
Video&Audio Recording or Taping Notification:"As required by the Open Meeting Law we are informing you that the Town will be
video and audio taping as well as broadcasting this public meeting. In addition if anyone else intends to either video or audio tape this
meeting they are required to inform the chair."
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Pledge of Allegiance
AGENDA
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1. Call to Order E
2. Executive Session - To Discuss Strategy with Respect to Litigation as an Open Meeting May Have a j
Detrimental Effect on the Negotiating Position of the Town; Paul T. Lucier v. Ronald H. Deschamps, et
als
3. Citizens Forum
4. Review, Discuss &Possible Vote on FYI Planning Department Budget--Ryan Bennett j
5. Review, Discuss &Possible Vote on FY 18 Finance Department Budgets
a. Information Technology Budget—Kathy Lambert
b. Treasurer/Collector Budget—Lisa Vitale
c. Board of Assessors Budget—Dave Tately
d. Accounting Budget—Irene Larivee
6. Review, Discuss &Possible vote on FYI Natural Resources Budget—Chris Miller
7. Review, Discuss &Possible Vote on FYI Mill Sites Budget
8. Review, Discuss & Possible Vote on FYI Alewives Budget
4. Review,Discuss & Vote FYI Town Clerk Budget
10. Review&Discuss Cape Light Compact Joint Powers Agreement
11. Town Administrator's Weekly Report
I2. Action Items
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13. FYI Items
14. Liaison Reports
15. Topics the Chair did not Reasonably Anticipate I
16, Media Questions
17. Future Meetings - February 13 & 27, 2017
18. Executive Session— To Discuss Strategy with Respect to Collective Bargaining as an Open Meeting May
Have a Detrimental Effect on the Bargaining Position of the Town: SEIULocal 888 &Police Union
Local 332
14. Adjournment
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Date & Time Received by
Town Clerk's Office
Date Posted: 01/26/17 Date Revised: W..
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This meeting will be held in a wheelchair accessible room, _
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KPLAW 101 Arch Street,Boston,MA 02110
Tel:617-556,0007 F=617.654.1735
The Leader in Public Sector Law www.ic-plaw.com
January 18,2017 John W.Giorgio
jgiorgio@k-plaw.com
Hon. John Dickson and
Members of the Board of Selectmen
Brewster Town Hall
2198 Main Street
Brewster, MA 02631-3701 V.,
Re: Cape Light Compact - Joint Powers Agreement
Dear Members of the Board of Selectmen:
I have been working with the Cape Light Compact("CLC") and other municipalities which
are members of the CLC to explore a new model for governance of the CLC.
You may recall the CLC was formed pursuant to an Intergovernmental Agreement("IGA")
under G.L. c. 40, §4A that was entered into among the municipalities on Cape Cod and Martha's
Vineyard as well as Barnstable County and Dukes County. In addition, acting through the CLC a
municipal energy aggregation plan was developed and approved by the Massachusetts Department
of Public Utilities. Neither the approved aggregation plan nor the IGA, however, has provided the
necessary infrastructure and legal authority for the CLC to act as an independent entity in terms of
the authority to maintain bank accounts,to hire employees, and to enter into contracts for goods and
services. As a result, the CLC entered into an administrative services agreement with Barnstable
County to perform these necessary functions for the benefit of CLC. Recently, however, the CLC
and Barnstable County entered into a Termination and Transition Agreement which will terminate
the administrative services provided by the County to the CLC effective June 30, 2017.
In August 2016,the General Court, as part of the Municipal Modernization Act(c. 216 of the
Acts of 2016) enacted a new provision, G.L. c. 40, § 4A 1/2, which allows two or more municipalities
to enter into an agreement to create a joint powers entity ("JPE"), which is a separate body politic
and corporate from the municipalities, and which has enumerated powers that the JPE can perform
on its own, including, among other things,the hiring of employees, entering into contracts,
borrowing money, and maintaining bank accounts.
In my discussions with the CLC Administrator and counsel for CLC,we have concluded that
the establishment of a JPE to replace the CLC created by the IGA will provide a much more
effective and efficient independent entity capable of carrying out the important functions of the CLC
municipal aggregation plan.
KP Law,P.C. Boston Hyannis • Lenox Northampton •Worcester
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KP LAW
Hon. John Dickson and
Members of the Board of Selectmen
January 18, 2017
Page 2
To that end, I am enclosing for your consideration the draft of a Joint Powers Agreement that
was drafted by counsel for the CLC. I was provided the opportunity to review and comment on the
draft agreement and my suggestions and revisions have been incorporated in the attached draft. The
attached agreement, as explained on the first page, is color coded to identify the source of the text:
including original IGA language,provisions authorized by the new JPE statute, and new text. j
In reviewing the attached draft agreement,please note the following important features of the
draft agreement.
• The JPE will be created as soon as at least two municipalities sign the agreement.
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• Like an intermunicipal agreement under G. L., c, 40, § 4A, a town may enter into a
JPE on approval of the Board of Selectmen. There is no requirement for a Town
Meeting vote to authorize the JPE.
• The JPE authorized in the attached agreement will continue to perform the core
functions of the CLC in terms of energy aggregation and energy efficiency programs.
The new entity, however, will be able to take advantage of the express powers and
authority authorized by the new statute without having to rely on one or more of the
municipalities and counties which are members of the CLC under the IGA to perform
those functions on behalf of the CLC.
• The agreement, however, does provide express authority for the JPE to enter into an
administrative services agreement with one or more of the member municipal
members to perform any of the services that the JPE is authorized to perform as a
JPE.
• Perhaps most importantly, by creating the JPE, the new entity will have the authority
to hire staff and to obtain a Federal Tax Identification Number.
• The attached agreement contemplates that the existing IGA will terminate as soon as
50% or more of the existing members sign the new joint powers agreement and all the
assets and liabilities of the CLC under the IGA will transfer to the new entity.
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• It is important to note that under the new statutory framework and by the express
terms of the agreement, none of the member municipalities will be liable for any of
the debts or liabilities of the CLC. This is no different than under the existing IGA
except now there is express statutory authority to protect the municipalities from any
liability unless the Town agrees in the Agreement to assume any obligations or
liabilities. For example, should the Town and the JPE agree to enter an
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KP LAW
Hon. John Dickson and
Members of the Board of Selectmen
January 18, 2417
Page 3
administrative services agreement whereby the Town would agree to perform
administrative,financial, or banking services on behalf of the JPE,the Town would
be liable for any obligations expressly agreed to in that separate agreement.
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• The new entity will be governed by a Board of Directors with each member
municipality appointing a member in accordance with local appointment procedures.
In making such an appointment,the Town would have the ability to provide
limitations and instructions to its representative. The Town's representative would be
appointed for a term specified by the Town.
• Once five or more member municipalities join,the Board of Directors could appoint
an executive committee to act in circumstances where a quorum of the Board of
Directors cannot be achieved.
• The JPE is subject to the Open Meeting Law,the Public Records Law,the Conflict of
Interest Law, and state procurement laws.
In my opinion,the attached draft agreement represents a good opportunity for CLC to
effectively and efficiently provide its core mission services to the member towns and their
constituents, while continuing to provide important protections against labilities or risks by the
member towns.
Please let me know if you have any questions.
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Very truly ours,
?W. Giorgio
JWGIbp
Enc. j
cc: Town Administratorl�`
57355/BREW/0001
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ATTORNEY-CLIENT PRIVILEGED
INTRA-COUNSEL COMMUNICATION
BYAND AMONG COMPACT COUNSEL AND MEMBER COUNSEL
Also exempt from public records disclosure pursuant to
G.L. c. 4, §7, cl. 26(d)(development of agency policy)
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KEY
Language in:
Blue Font Derived from current IGA
&f&,u�,I= gh Tv:t - Proposed deletions from current IGA
Red Font—Derived from Joint Powers Statute ("IPS")
Green Font — Suggested new language
Black Font—Notes and grammatical or nonsubstantive changes
BCK DRAFT DATED 1-10-17
JOINT POWERS AGREEMENT
OF THE
[CAPE LIGHT COMPACT 9
(February xxj, 2017
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This Joint Powers Agreement ("Agreement") is dated as of[February [xx], 20171 and is
entered into by and among the municipalities and counties listed on Exhibit A hereto (the
"Members"), pursuant to the authority of Massachusetts General Laws Chapter 40, §4A '/z and
G.L, c. 164, §134.
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WHEREAS, the Massachusetts Restructuring Act of 1997 (the "Act") was enacted during
a period where Federal Law allowed for the restructuring of existing electric utilities into
separate generation, transmission and distribution companies and, accordingly, the Act set forth a
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framework for the competitive supply of electric generation service to Massachusetts electric
customers and allowed electric customers to choose their electric power supplier; and
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WHEREAS, the Cape Light Compact ("Compact") was entered into with the County of
Barnstable, County of Dukes County and the municipalities legally joining therein, pursuant to
the authority of Massachusetts General Laws Chapter 40, §4A, through an original Inter-
Governmental Agreement effective as of October, 1997 which has been amended from time to
time (most recently in November of 2015) and is due to expire in October of 2022 (the "IGA");
and
WHEREAS, under the authority of G.L. c. 164, §134, G.L, c. 25A, §6 and pursuant to the
original Inter-Governs-nental Agreement, adopted October, 1997, as amended, the Compact
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developed a municipal aggregation plan, setting forth the structure, operations, services, funding
and policies of the Compact, approved in D.T.E. 00-47 (August 10, 2000) and approved as
updated in D.P.U. 14-69 (May 1, 2015; May 18, 2015); and
WHEREAS, the Compact currently operates a municipal aggregation competitive supply
program pursuant to a municipal aggregation plan, setting forth the structure, operations,
services, funding and policies of the Compact as most recently approved and updated in D.P.U.
14-69 (May 1, 2015; May 18, 2015) which provides electric power supply on an opt-out basis to
customers across all customer classes located on Cape Cod and Martha's Vineyard and the
Compact also provides comprehensive energy efficiency services to Cape Cod and Martha's
Vineyard through the Cape Light Compact Energy Efficiency Plan; and
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WHEREAS, it is in the best interests of the Compact's members to transfer its
administrative, fiscal and operational functions to a new independent legal entity, a joint powers
entity, prior to expiration of the IGA;
WHEREAS, members of joint powers entities are afforded express liability protection
from the acts and omissions of the entity and the other participating members; 1
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WHEREAS,joint powers entities are confeiTed many express powers by law that are not
available to the Compact, including the ability to employ staff; and
NOW THEREFORE, the Members hereby enter into this Agreement and,pursuant to
G.L, c. 40, § 4A'/2, hereby form a body politic and corporate.
AR'T'ICLE JXXI EFFECTIVE A'S'E; FORMATION; MEMBERSHIP; LIABILITY OF
MEMBERS
A. Effective hate; Formation.
This Agreement shall become effective and the joint powers entity shall exist as a
separate public entity on [insert/March 1, 2017?] (the "Effective Date") provided that this
Agreement is executed on or prior to such date by at least two municipal members of the
Compact after authorization by each municipal member's board of Selectmen or other governing
body as set forth in G.L. c. 40, §4A% (as may be amended from time to time, the "Joint Powers
Statute"). There is formed as of the Effective Date a separate public entity named [the Cape
Light Compact JPE?]. The Cape Light Compact JPE shall provide notice to the Members of the
Effective Date. The Cape Light Compact JPE shall continue to exist, and this Agreement shall
be effective, until this Agreement is terminated [or expires] in accordance with Article [xx],
subject to the rights of the Members to withdraw from the Cape Light Compact JPE.
B. Eli2ibiilifor Membersl► , Addition of Members. 3
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Municipal members of the Compact are eligible for full membership in the Cape Light
Compact JPE. Municipal members of the Compact who become members of the Cape Light
Compact JPE shall be referred to as "Municipal Members." Barnstable County and Dukes
County may participate as limited members as set forth in Article [xx] below. This subsection
may not be amended unless such amendment is approved by a certain percentage of the
Municipal Members as set forth in Article [xx]. Subject to the deadlines set forth in Article [xx],
a municipal member of the Compact may become a member of the Cape Light Compact JPE by
duly executing this Agreement in accordance with the Joint Powers Statute and delivering an
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executed copy of this Agreement and a copy of the authorization, vote or resolution as required
by the Joint Powers Statute to the Cape Light Compact JPE. The Members acknowledge that
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membership in the Cape Light Compact JPE may change by the addition and/or withdrawal of
Members. The Members agree to participate with such other Members as may later be added.
The Members also agree that the withdrawal by a Member shall not affect this Agreement or the
remaining Members' continuing obligations under this Agreement,
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The region within which the powers and duties provided in this Agreement shall be
exercised is Barnstable County and Dukes County. The foregoing sentence shall not be
construed as a limitation on the Cape Light Compact JPE's powers in any way, including, but not
limited to, its power to offer statewide programs or participate in statewide proceedings (as such
programs or proceedings may affect the region), or its power to contract with persons or entities
outside the Commonwealth of Massachusetts.
D. Liability of Members.
Members shall not be liable for the acts or omissions of other Members or the region or
the Cape Light Compact.IPE created by this Agreement, unless the Member has agreed otherwise
in this Agreement or as may be provided for in a separate contract between the Member and the
Cape Light Compact JPE. This subsection may not be amended unless such amendment is
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approved by a certain percentage of the Municipal Members as set forth in Article [xx].
This Agreement is not intended to impose any independent Financial liabilities on the
Members. Each Member shall remain responsible for its own debts and other financial liabilities,
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except as specifically provided herein, or as may be provided for in a separate contract between a
Member and the Cape Light Compact JPE.
La Counter Members.
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Barnstable County and Dukes County may participate as limited members of the Cape
Light Compact ME and shall be referred to herein as the"County Members" or collectively with
the Member Municipalities as the"Members." The County Members shall not be permitted to
vote on matters concerning aggregated power supply, energy efficiency plans and programs or
other such matters committed to municipal aggregators pursuant to any provision of the
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Massachusetts General Laws. Other limitations on the participation rights of County Members
are set forth elsewhere in this Agreement.
A county member of the Compact may become a member of the Gape Light Compact
JPE by duly executing this Agreement in accordance with the Joint Powers Statute
ARTICLE [XX]: GOALS; POLICIES; PURPOSES
`rhe Cape light Compact .1PE's goals, policies and purposes include, without limitation,
the following:
a) providing the basis for aggregation of all consumers on a non-discriminatory
basis;
b) negotiating the best terms and conditions for electricity supply and transparent
pricing;
G) exploring all available options for negotiating the best terms and conditions for
electricity supply and the development of renewable energy resources, including, without
limitation, the formation of and/or membership in a co-operative organization to purchase or
produce energy or renewable energy certificates ("LECs") or both on a long-term, basis;
d) providing equal sharing of economic savings based on current electric rates and/or
cost-of-service ratemaking approved by the Department of Public Utilities or its successor
("DPU");
e) providing and enhancing consumer protection and options for service under
contract provisions and to allow those consumers who choose not to participate to opt-out;
f) improving quality of service and reliability; '
g) encouraging environmental protection through contract provisions;
h) utilizing and encouraging renewable energy development to the extent practicable
through contract provisions, demonstration projects and state mandated system benefit charges
for renewable energy;
i) administering an energy efficiency plan that advances consumer awareness and
the adoption of a wide variety of energy efficiency measures and that also utilizes and encourages
demand side management, all through contract provisions, demonstration projects and the use of
state mandated system benefi
k) providing full public accountability to consumers; and
1) utilizing municipal and other powers and authorities that constitute basic consumer
protection to achieve these goals.
The Cape Light Compact JPE shall accomplish the foregoing purposes through the
following: (i) operation of energy efficiency programs; (ii) developing or promoting the
development of renewable energy resources and projects; (iii)procuring competitive electric
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supply for its customers; (iv) procuring RF-Cs; (v)participating in regulatory and legislative
proceedings; and (vi) consumer advocacy.
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ARTICLE [XX]: POWERS OF THE CAPE LIGHT COMPACT JPE
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The Cape Light Compact JPE is a body and politic with power to:
a) sue and be sued;
b) make, negotiate and execute contracts and other instruments necessary for the exercise of
the powers of the region, provided, however, that any contract for the purchase of electric power
supplies, distribution, transmission or metering, billing and information services or related to any
of the foregoing, shall not impose direct or individual financial obligations on any Member
ni �opt fx de raFTii w�r irnpap�o by NivW3 of Nrtioipat.en .n the ,nape Light
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C/xnp,-�J).'E) until approved by such individual Member, as the case may be; j
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c) make, amend and repeal policies and procedures relative to the operation of the
region in accordance with the Joint Powers Statute and other limitations as may be applicable
under state law;
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d) receive and expend funds, including, funds derived from the state mandated
system benefit charges and to use such funds in accordance with state law;
e) apply for and receive grants from the commonwealth, the federal government and
other public and private grantors; j
f) submit an annual report to each Member, which shall contain a detailed audited financial
statement and a statement showing the method by which the annual charges assessed against each
governmental unit (if any) were computed;
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g) borrow money, enter into long or short-term loan agreements or mortgages and
apply for state, federal or corporate grants or contracts to obtain funds necessary to carry out the
purposes of the Cape Light Compact JPE, provided, however, that such borrowing, loans or E
mortgages shall be consistent with this Agreement, standard lending practices and G.L. c. 44,
§§16-28;
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h) subject to C.L. c. 30B, enter into contracts for the purchase of supplies, materials
and services and for the purchase or lease of land, buildings and equipment, as considered
necessary by the Governing Board;
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i) as a public employer, to hire staff;
j) to plan projects-,
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k) to implement projects and/or conduct research;
1) to4+--goticto Qqntraets and othK w gro`ments, p .d c n,.,�,r,� that any !�)r th8
„fease e. eloerio pcleicc oupplig�c, dir ributkon, tikxxx-is�-oC�a. 'oilli:ig and
inf,3nn tisn--sePA-eeo -,-7 Nlkalkod to �.y of car ing, shall n impose
44gatlonn on iwj b3.- or qty (oivor, for do by v�,-We
ef--au,o �irn'a-,�'c p&A., pati«a in the Uf npa;vt) by auck i-ndi-vidkual
r�„n.,,pa --T -,\3unty, a�) tho owu may bv; [language moved up]
m) adopt an annual budget and to direct the expenditure of funds made available to
the Cape Light Compact JPE by grant or contribution from public and private sector entities, or
on account of any contract negotiated or administered by the Cape Light Compact .IPE;
n) to acquire property by gift, purchase or lease;
o) to construct equipment and facilities;
p) to apply for and receive grants, and other such financial assistance from
public and private sector entities or to receive amounts derived as a portion of the savings on, or
as a surcharge, dedicated mills/kilowatt hour fee or other such charge as part of any electric E
energy purchase or similar contract negotiated and/or administered by the Cape Light Compact jE
JPE and, to the extent required herein, agreed to by each Member or-eeunty to be financially i
bound thereby;
q, to apply fbA axid furxxvdorivod fixmi tke,- -Ai� mended-sy-Ai rm N netit dnx•b I
a4440 we�x finch in :zow'-Jamoe with atate IR'IN E
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r) to engage omp,-,/y otaff, consultants, attorneys, technical advisors and independent
contractors;
s) to adopt bylaws to govern its internal affairs;
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t) to reimburse persons who have advanced funds;
u) to enforce agreements or otherwise prosecute claims on behalf of Members and
coordinate their defense in any claim made against them relating to any agreement or other
matter related to the Cape Light Compact JPE;
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v) to invest funds;
w) to procure insurance; =
x) to obtain project-related financing through any mechanism such as the federal Clean
Renewable Energy Bond program or similar or successor programs, and other financing options;
y) to contract with an agent, including, without limitation, a regional government or a E
Member, to manage or accomplish any of its functions or objectives;
z) to enter into agreements with state, quasi-state, county and municipal agencies;
cooperatives, investor-owned utilities and other private entities, all as is convenient or necessary i
to manage or accomplish any of the Cape Light Compact JPE's functions or objectives; and
a 0 *f,,Y.: u-wA- ll_{all oo6a which c" queou ary ar-e�xi."Az tt to is, 34e t tha �
pe-w= whiA.i-a --e p2ecxdy o,7 by neeessary plie tion e of Ffed upxxi tho Capt
Light G,,w.., act rr-19 and .,re not ohe-.-uiae pmhibilced , nde f , e+ r of
c-) any such other powers as are necessary to properly carry out its powers as a body
politic and corporate.
ARTICLE [XX]: SERVICES; ACTIVITIES; UNDERTAKINGS
The services, activities or undertakings to be jointly performed within the region are as
follows: (i)power supply procurement; (ii) offering of energy efficiency programs; (iii)
participation in regulatory and legislative proceedings; (iv) education of the public and
government regarding energy issues; and (v) such other services, activities, and undertakings as +
set forth in Article [xx] (Coals, Policies and Purposes).
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ARTICLE [XXI: GOVERNING BOARD
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A. Powers of the Governing Board.
Tl-�c CLTo L;/ght Camh&ot ME' ohalt havii a b'Jard of commxnity Iiro-eters (herea
" " of " OI17," Wt GtIoc inay bo w-A oc>L-ec1�1vQ y th3 `�G<n,un ng Board") . In �
accordance with the Joint Powcrs Statute, the Cape Light Compact.IPE shall be governed by a
board of directors consisting of the Directors from the Municipal Members (the "Governing
Board"). The Governing Board shall be responsible for the general management and supervision j
of the business and affairs of the Cape Light Compact JPE except with respect to those powers
reserved to the Mernbero or-4D,-,untioc by law or this Agreement, The Governing Board shall
coordinate the activities of the Cape Light Compact JPE and may establish any policies and
procedures necessary to do so. The Governing Board may from time to time, to the extent
permitted by law, delegate any of its powers to committees, subject to such limitations as the
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Governing Board may impose. The Governing Board may delegate to the Executive Committee
(as set forth below in Article [xx]) the powers to act for the Governing Board between regular
armral or special meetings of the Governing Board. The Governing Board may designate
persons or groups of persons as sponsors, benefactors, contributors, advisors or friends of the
Cape Light Compact JPE or such other title as they may deem appropriate and as is consistent
with applicable law.
The Governing Board shall establish and manage a fund or funds to which all monies
contributed by the Members, and all grants and gifts from the federal or state government or any
other source shall be deposited. I
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The Governing Board may borrow money, enter into long or short-term loan agreements
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or mortgages and apply for state, federal or corporate grants or contracts to obtain funds i
necessary to carry out the purposes of the Cape bight Compact JPE. The borrowing, loans or
mortgages shall be consistent with this Agreement (including Article [xx]), standard lending
practices and G.L. c. 44, §§ 16-28. The Governing Board may, subject to G.L. c. 30B, enter into
contracts for the purchase of supplies, materials and services and for the purchase or lease of
land, buildings and equipment, as considered necessary by the Governing Board,
B. Number, Oualifacations and Term of Office.
The Governing Board shall consist of one R3pma�)n&►tivj Director [change made
throughout] for each Municipal Member an"ne C/-znty, GoMH-.ssii- — -n�11-Aed
G.)urgy Beate-of Ccn -niosior-o caA cne�- Or appantod ✓f thQ Duloc,i Cr, r1ey
3f Co��n�tisiono an' alternates to ,\vfx in �� e-any ou3h Dira-cta Ahail bo uiableto
a4end a moot- tg-or oti iot pxfl,4✓rrato in ark:matt--\- poganding-thc Cope I lIit C/)nMiaet4P&
In the absence of a Director, his or her alternate shall be entitled to vote and otherwise exercise 1
all of the powers of such Director. The Directors, and alternates, shall be selected by each
Municipal Member in accordance with its municipal appointment rules and procedures and for
such terra as may be established by their respective appointing authorities. Caro E)—P4L
Umar y Diroc�cK, suer. rhir-ee*„Y, and kio or her aklwnatero ahall by tha Board 3f
a°nnni�i� Except as hereinafter provided, the Directors (and alternates) shall hold office
until the next selection of Directors (and alternates) by each such Member and until his or her
successor is selected. Directors shall be subject to any limitations or direction established by
their appointing authorities. The Cape Light Compact JPE shall not be responsible for
interpreting or enforcing any such limitations that may be established by the appointing
authorities. Further, any action on the part of the Cape Light Compact JPE shall not be rendered
void or invalid as a result of a Director's failure to abide by any such limitations. The sole
remedy of an appointing authority in such instance is to remove and replace such Director.
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Each County Member may appoint a representative to attend Governing Board meetings
(the "County Representative"). County Representatives may participate in Governing Board
discussions and nonbinding Governing Board votes.
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C. Executive Committee.
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At such time as there are more than five Municipal Members, there shall be an Executive
Committee composed of no less than five (5) Directors elected by the Governing Board from
among the Directors appointed by the Municipal Members, at lamt ono of whom E,•mll N a
Difootcr fora Du1eo,�j Count, or a Muni;ipal kor County. The Executive;
Committee shall be selected by majority vote of all of the Directors of the Municipal Members.
In addition to the delegation of powers set forth in Article [xx]A above, the powers of the Board
of Directors shall be delegated to the Executive Committee in the following circumstances, (i)
when a quorum of the full Governing Board is not present for a regularly scheduled meeting; and
(ii) exigent circumstances require Governing Board action, and there is insufficient time to
convene a regular meeting of the Governing Board.
[NOTE TO READERS: The language from the following three paragraphs is derived by
from the CVEC bylaws.] 1
The Executive Committee shall conduct its business so far as possible in the same
manner as is provided by this Agreement by the Governing Board. A majority of the Executive
Committee shall constitute a quorum. The Executive Committee shall keep records of its
meetings in form and substance as may be directed by the Governing Board and in accordance
with the Open Meeting Law, G.L. c. 30A, §§18-25, and other applicable law.
From time to time upon request and at each meeting of the Board of Directors, the
Executive Committee shall make a full report of its actions and activities since the last meeting
of the Governing Board.
If two members of the Executive Committee object to the affirmative action taken by the
Executive Committee, they may appeal such decision within forty-eight hours of such action or
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vote by requesting a special meeting of the Governing Boar in accordance with Article [xx]
which must occur as soon as possible but no later seven [7] days after the Executive Committee
action if the original Executive Committee action was necessitated by exigent circumstances. At
such special meeting, the Governing board may overturn the action or vote of the Executive
Committee by a two-thirds vote of the Directors. A vote by the Executive Committee to take no
action cannot be appealed.
D. Manner of Actin! and (quorum.
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Provided there i:; a qucnmi p,,,tiont a ,-„ea1mg ri o -,
hefein-,4The Governing Board shall act by vote of a majority of the Directors of the Municipal
Members present and voting at the time of the vote. Unless altered by the Governing Board in
accordance with this Agreement, each Municipal Member- -eeiH4y shall be entitled to select
one Director whose vote shall be equal in weight to the Director of any other Municipal Member
,and county, except as expressly set forth in the succeeding paragraphs. Directors may participate i
in meetings remotely in accordance with the regulations of the Office of the Attorney General
governing remote participation, 940 C.M.R. 29.10. In accordance with 940 C.M.R. 29.10 and E
the Open Meeting Law, G.L. c. 30A, §§ 18-25, a simple majority of the Directors of the
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Municipal Members must be physically present to attain a quorum. ' `co-, eke following
three additional eapplyzall bo dtez od p-,,o3ant if(i) she
oomb-mod popalat on of the fowns ;"oae Dirw nt at a riecting is at least equal to
50 of t1. oorr.ined-pep-t��of all of the Nl-kuiF'al Nlcmbc�j of the L;zght Compaq
Pfevi--le , �- er- that (ii)at Ica/A erne D ..,,,for ftem one e ,�.F., '"1uniQ�pal
20.10 cs� 'Dulmi County; ; and (iii) at ba-,k two thi t3 31 Barnotable County and
tfm MunicipO-Mo tb-,Tj of RanY,\16Y.o Cho phyaioaly T,�,wmt or paftic4patir/g r e -y-i-n
aeoord:ew--w�' �C.M.R. 2/9. T� �., ,,o wh6 97 0 C.M.R. ?/9.?-0 m&d t-:a Opaa A r g
Law, G.6:o. Z0A, 19 25, a cl mpj4 Diaju\,ity of tk� =ham-)ftly publy bedmust-be �
plyi•aally pent. [-xn"'> County Representatives shall not count towards a quorum as they
have limited participation rights. Directors abstaining from voting shall be counted for meeting I
quorum purposes, but their votes shall not count with respect to the matters they abstain from
voting on. By way of example, if ten Directors from the Municipal Members are present and
four abstain from voting, and the remaining Directors split their votes four in favor, two against,
the motion would pass.
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While a quorum is present, unless another provision is made by law, this Agreement or by �
the Cape Light Compact JPE's own rules, all business shall be determined by a majority vote of
the Directors of the Municipal Members then present and voting. Notwithstanding the foregoing,
any vote involving a matter concerning issues which would or could bear in a direct and material
fashion on the financial interests of the Municipal Members shall be taken by a weighted vote in
which the vote of each Director shall be weighted in the same proportion as the population of the
Municipal Member such Director represents bears to the whole population of the Municipal
Members of the Cape Light Compact JPE, such population as determined, in the case of
Barnstable County,by the most recent federal census, or decennial census, and, in the case of
Dukes County, by the most recent data available from the Martha's Vineyard Commission. In
case of a dispute as to whether a vote shall be taken on a weighted basis as set forth in this
paragraph or on a one town, one vote basis as set forth in the preceding paragraph of this
subsection, the determination shall be made by weighted vote as set forth herein. Exhibit B sets
forth the weighted vote for each Municipal Member, and provides an example of a vote taken in j
accordance with weighted voting procedures.
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In taking -rottaken�lf vDto Okw
]Rarno�.nblo County and DuW2 C;vanty L��!I 've �,u'aula t d °mth :each county's Dire-0-a having �
oqual vaso, and tho vgte of said eoutRiea may bNalt c tio, othari;ia-c the ootmtiwo' vc\too ohall I
-,,ot bc, acc\,M&d pry p'ao--\,nta,,go Nvo�g44ut olmll ba rc�onothc�Qoo.
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E. Rules and Minutes. �
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The Governing Board shall determine its own rules and order of business, unless
otherwise provided by law or this Agreement. The Governing Board shall also provide for the
keeping of minutes of its proceedings in accordance with the Open Meeting Law. All regular and
Executive Committee meeting announcements shall be sent to all Directors and County
Representatives. E
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If requested by any Director and as may be required by law, a vote of the body shall be
taken by a roll call and the vote of each Director shall be recorded in the minutes, provided,
however, if any vote is unanimous only that fact need be recorded. Pursuant to the Open Meeting
Law, roll call votes are required for the following: (i) a vote to go into executive session; (ii)
votes taken in executive session; and (iii) votes taken in open session when one or more
Directors is participating remotely.
G. Resignation and Removal.
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1. Resignation.
Any Director or County Representatives (or their alternates) may resign at any time upon
written notice to the remaining Governing Board. A Director may resign from the Executive
Committee and still keep his or her position as a Director. The; resignation of any Director (or
alternate) or resignation from the Executive Committee shall take effect upon receipt of notice
thereof or at such later time as shall be specified in such notice, and unless otherwise specified
therein, the acceptance of such resignation shall not be necessary to make it effective.
2. Removal.
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Any Director (or alternate) may be removed at any time with or without cause by his or
her appointing authority. The Governing Board may send a notice to an appointing authority
requesting removal of a Director from the Enc--rtive Caws -ttac or the Bka'. 9*1-y
w44-g-ed for cause as specified in such notice. For cause removal shall include, but not be
limited to, disclosure of documents exempt from disclosure under the Massachusetts Public
Records Law in violation of G.L. c. 268A, §23(c)(2), or disclosure of matters discussed during I
executive session prior to release of executive session minutes.
A Director from a Municipal Member who fails to attend at least half of the Directors'
meetings annually shall be automatically removed, unless such Director has requested an
exemption from this requirement due to special circurnstances (i.e.,prolonged illness, conflicting
work/personal commitments). Annual attendance shall be calculated on a calendar year basis.
The secretary(or other officer of as may be designated by the Governing) shall report on the
annual attendance of Directors as requested by the Governing Board. In each vote implementing j
the removal of a Director,the Governing Board shall state an official removal date, which shall
generally take place within ninety (90) to one hundred and eighty days (18 0) in order to give the
Municipal Member who appointed such Director an opportunity to replace such Director, A
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Municipal Member whose Director is removed shall be given immediate notice of such removal.
A Director who has been removed or a Municipal Member whose Director has been removed
may petition the Governing board for reinstatement and he or she shall be given notice and an
opportunity to be heard before the Governing Board on such matter within ninety (90) days of
such request.
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H. Vacancies.
L. Vacancies on the Governing Board.
Continuing The remaining Directors may act despite a vacancy in the Governing Board
an st all wr tiiLi purpose bQ &-eyned to beafd. A vacancy in the Governing
Board of a Director from a Municipal Member shall be promptly filled, but in no case more than
sixty (60) days thereafter, by the appointing authority of the Municipal Member er-eeu�which
originally selected such Director. Each Director chosen to fill a vacancy on the Governing Board
shall hold office until manual ;r&k pion of tlK Dipocorc and until his or her successor
shall be appointed and qualified by his or her appointing authority. Insofar as there is no Director
then in office representing a Municipal Member or�ounty, the alternate shall act in his or her
stead. If a Municipal Member has not appointed an alternate,the Director position shall be
considered vacant for that particular Municipal Member and it shall not be counted for quorum
purposes under Article [xx] or for the purposes of the Open Meeting Law until the Municipal
Member fills the vacancy and/or appoints an alternate.
2. Vacancies on the Executive Committee.
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Vacancies on the Executive Committee shall be filled in the same manner as the position
was originally filled.
3. No Right to Compensation.
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No Director shall receive an additional salary or stipend for his or her service as a
Governing Board member. Directors are not eligible for health insurance or other benefits
provided to employees of the Cape Light Compact JPE. I�nlcoj the Ge-ecxning board �n its
for-'an-.'Npans tion no rlireete�x�itcfa- w rl'\-,igr ng, and lexeept-wheTe-a
ohaK b prcvo? pivvi�d-_,l >n a duly authori�� 'rrntton
with tho ape L�6ht ✓.rnpact IPE) no Dipeuo_ or al=er�*noAw, Dlball ho.v'e on. y right to wvf
ooynponiation alte-rnatte-for arry h�a of-h�ef-r-ajignc:ic'n :>r
i r to damages 1 ��
or ai�l�right i�� cav�:]U$71t QAI oCl�l7 �'��SSQ IG�B-t�f�'' h� �^-rr"--r'acrc�:�rir170xaj1►�'ov't`
le BY SL.- month or by thra ;dear or othcrwioe.
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,ARTICLE [XX]. MEETINGS OF THE GOVERNING BOARD �
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A. Place.
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Meetings of the Governing Board, including meetings of the Executive Committee, shall
be held at such place within Barnstable County or Dukes County or at such other place as may be
named in the notice of such meeting. �
B. Reanlar Meetings.
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T4+"n t,.aI rrmotitag oftho Govonaing� Mh bo hold ozeoh yaar,<-m theme
Wwuknenduy of In the event vial inee4ng is not hold an-cw� d0a, a r�
Ming it lea ,g ma,r ✓i hal, with Kxoc arta �ffc� o en7 aflnii-Y
mv,'ing. Regular meetings may be held at such times as the Governing Board may fix but no
less frequently than quarterly.
C. Special Meetinu.
Special meetings of the Governing Board may be called by the chairman or any other
officer or Director at other tames throughout the year.
D. Notice. '
In addition to the personal notice to Directors and County Representatives set forth in
Article [xx](E), public notice of any regular of annual meeting-shall be made in compliance with
the Open Meeting Law and other applicable law. Forty-eight hours' notice to Directors and
County Representatives by mail, electronic mail, telegraph, telephone or word of mouth shall be
given for a special meeting unless shorter notice is adequate under the circumstances, provided,
however, that public notice of such special meeting has been made in compliance with applicable
law, A notice or waiver of notice need not specify the purpose of any special meeting. PersonalI
notice of a meeting need not be given to any Director or County Representative if a written
waiver of notice, executed by him or her before or after the meeting, is filed with the records of
the meeting, or to any Director who attends the meeting without protesting prior thereto or at its
commencement the lack of notice to him or her,
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E. Vote of Interested Directors.
A Director or County Representative who is a member, stockholder, trustee, director,
officer or employee of any firm, corporation or association with which the Cape Light Compact
JPE contemplates contracting or transacting business shall disclose his or her relationship or
interest to Governing Board the otl Diroot;m- Gottkr�; wpixn cx� in �u'xurc&+o -,uoh sa��
No Director or County Representative so interested shall deliberate or vote on such
contract or transaction but or s''o nary bo ooax',xod lbnh p�poso of dQton-niniry a quoryum.
The affirmative vote of a majority of the disinterested Directors as set forth in Article [xx](D)
hereof shall be required before the Cape Light Compact JPE may enter into such contract or
transaction.
In case. the Cape Light Compact .TPF enters into a contract or transacts business with any
firm, corporation or association of which one or more of its Directors is a member, stockholder,
trustee, director, officer, or employee, such contract or transaction shall not be invalidated or in
any way affected by the fact that such Director or County Representatives have or may have
interests therein which are or might be adverse to the interests of the Cape. Light Compact JPE.
No Director or County Representatives having disclosed such adverse interest shall be liable to
the Cape Light Compact JPE or to any creditor of the Cape Light Compact JPF or to any other
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person for any loss incurred by it under or by reason of any such contract or transaction, nor shall
any such Director or County Representatives be accountable for any gains or profits to be
realized thereon.
Nothing contained herein shall affect the compliance of any Director or County
Representative or the Governing Board or the Cape Light Compact JPE with G.L. c. 268A, as set j
forth in Article [xx], below. j
ARTICLE [ I: OPEN MEETING LAW; EXECUTIVE SESSIONS
The meetings of the Governing Board are subject to the Massachusetts law governing
open meetings of governmental bodies and governmental boards and commissions, including the
Open Meeting Law. The Governing Board is therefore required to maintain accurate records of
its meetings, setting forth the date, time, place, Directors present or absent and action taken at
each meeting, including executive sessions.
In accordance with the Open Meeting Law, the Governing Board may hold an executive
session after an open meeting has been convened and a recorded roll call vote has been taken to
hold an executive session. Executive sessions may be held only for the purposes specifically
enumerated in the Open Meeting Law, including, but not limited to, to discuss energy-related
trade secrets or confidential information, or litigation strategy.
Matters discussed in executive sessions of the Governing Board must be treated as
confidential, and disclosure of such matters is a violation of G.L. c. 268A, §23(c)(2). A violation
of confidentiality may lead to disciplinary action as established by the Governing Board,
including a request for removal of a Director in accordance with Article [xx](G)(2). 1
ARTICLE [ I: G.L. c. 268A
The Gevwning II , iAo of county and muni Va4—+eVvonont&wiw io Directors,
County Representatives, officers and employees of the Cape Light Compact JPE, are subject to
the provisions of the Massachusetts Conflict of Interest Law, G.L. c. 268A, and shall act at all
times in conformity therewith. Public employees who work for two or more public entities may
find that each agency has an interest in a particular matter. 412%--empIc/,vo. gr4 i eetcgro may 1--ee3
asked + for tho Cape Ul;ht Co paw JPEr nd the Cr,po 2PE'e
�' C l r t cc(� z�F t:<,
�ffiliatod crg-a- �,.ron,the-�apc �; � r����i Jrear� Ga -T�, kms. (�h�. o ). In ?
eEde-to lho�p aaYYplo-yew.,ard Dirortors, idontif, j
Ca tl of Ing at L wi.� omploy000 and Dirocte3m ohruld wnozzdw tho foko7rring: (i) tho 1
rativc'c four ] cv�c ; loyyyy itinrm.ablz car,. aid atheP.,; ie Pmounc
genar tion and g <atien_,elat a pfeduotz (i.e., REGs"; r,,J ffle G.pe r bight C/Jmpaot JPE is a
nKx�sa;pal aegrQptor and ocr• oo tho oomplom4mtatri purpoct,,G-of arranging £er- Fetail peter
supply, ecAloux/'OF ad—,V"a6y and ene gy the 11::7oc4ivuik vc aadco to finar e I
develop sucl. roj-ocis anon prsride pond tion t: ita m3mb&Ya arra t1m spo 1_4&t Coxip;�k JPE
(-o '--,j b;or witk ito reap poviv. oupply); and r„) tho Cape4ight C m. paot JPE io a member
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t� �✓.]porativo arfi tko Gap@ Ught Compae T E :ri—nd .3 purl�]al :��TTr®,g, z he
Geepwatrrj an' plc in prr)jjAs-4 ve1ep--d by Any employee, officer,
County Representative or Director may request free legal advice from the State Ethics
Commission about how the Conflict of Interest Law applies to them in a particular situation.
This process is explained at http://www.mass.�4ov/ethics/commission-services/rectuest-
advice.html. Directors may also request a formal conflict of interest opinion from town counsel
pursuant to G.L. c. 268A, §22.
In accordance with G.L. c. 268A, §23(c)(2), Directors, County Representatives, officers
and employees of the JPE are prohibited from improperly disclosing materials or data that are j
exempt from disclosure under the Public Records Law, and were acquired by him or her in the
course of his or her official duties nor use such information to further his or her personal interest.
AR'T'ICLE [XLI: OFFICERS; STAFF; SERVICE PROVIDERS
A. Election.
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At its first meeting of the calendar year, the Governing Board shall elect a chairman, vice
chairman, treasurer, secretary and business officer a"ae and such other officers as the
Governing Board shall determine. The term of office for those so elected shall be one year and
until their respective successors are elected and qualified. Nctirilic,carxikng th--4cr'g Other
than the treasurer and [business officer], all officers must be a Director and, upon selection of a
successor Director by such officer's appointing Member, such officer shall immediately tender
notice thereof to the Cape Light Compact JPE and the Governing Board shall select a
replacement among the various Directors from the Municipal Members for the remaining term of
such officer.
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B. _Qualifications.
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Two or more offices may be held by the same person, except the offices of chairman,
secretary or treasurer. P
C. Vacancies.
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Any vacancy occurring among the officers, however caused, may be filled by the
Directors from the Municipal Members, f7= among tha D feet- -for the unexpired portion of
the term.
D. Removal and Resignation of®ffiee.rs.
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1. Removal.
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Any officer of the Cape Light Compact JPE may be removed from his or her respective
offices with or without cause by resolution adopted by a majority of the Governing Board then in
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office at any anneal regular or special meeting of the Governing board or--by a wri"
all o;tiro DiN- orG3 their in :ffi�.
2. Resignation.
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Any officer may resign at any time by giving his or her resignation in writing to the
chairman, treasurer, secretary or the Cape Light Compact JPE Administrator or
Director of the Cape Light Compact JPE. An officer may resign as officer without resigning
from other positions in the Cape Light Compact JPE, including positions on the Executive j
Committee or as Director.
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E. Sponsors, Benefactors, Contributors, Advisors, friends of the Cape Light
Compact JPE.
Persons or groups of persons designated by the Governing Beard as sponsors,
benefactors, contributors, advisors or friends of the Cape Light Compact JPE or such other title
as the Governing Board deems appropriate shall, except as the Governing Board shall otherwise
determine, serve in an honorary capacity. In such capacity they shall have no right to notice of or
to vote at any meeting, shall not be considered for purposes of establishing a quorum and shall
have no other rights or responsibilities.
F. Chairman.
The chairman shall preside at all meetings at which he or she is present. Unless
otherwise directed by the Governing Board, all other officers shall be subject to the authority and
supervision of the chairman. The chairman also shall have such other powers and duties as
customarily belong to the office of chairman or as may be designated from time to time by the
Governing Board.
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G. Vice Chairman.
The vice chairman shall assist the chairman and preside at meetings at which the
chairman is not present. The vice chairman also shall have such other powers and duties as
customarily belong to the office of vice chairman or as may be designated from time to time by
the Governing Board. j
H. Treasurer and Business Officer.
The Governing Board shall appoint a treasurer who may be a treasurer of one of the
Municipal Members. No Director or other employee of the Cape Light Compact JPE shall be
eligible to serve concurrently as treasurer, The treasurer, subject to the direction and approval of ?
the Governing Board, shall be authorized to receive, invest and disburse all funds of the Cape
Light Compact JPE without further appropriation. The treasurer shall give bond for the faithful E
performance of his or her duties in a form and amount as fixed by the Governing Board. The
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treasurer may make appropriate investments of the fiends of the Cape Light Compact JPE
consistent with G.L. c. 44, § 55B.
44t,--�oaaur-:ry hall bo tho chiof fincn&&I offer of tho !ia -L4ht C/jmpac-PE and. J '1
ham sueh porwopi --,� dutivs aD ou4efflaftly btiJlefig to the offic8 of a r ao m,�
designatod fra~n tkm to tines b.,f4e- airman or-,'P e-vornin�; Bou-.,d. The rimes-ad
t'se t aoti';ar may be dc4og4ed car c�2,9andod. Puro&ant to tko
Segviom Agrooment lbv, ccon tho Cape U.-ght Come JPE and'--BafwtabkJ ✓aunty, ao cuek
agfeennont ray bra amorx4od f nn lk�o to tir Q, tho C�,\-tty is the da,-ignale amt and, fuLlill-s-t-he
a4ministmtivo r,-),,z fe-the Cabo U.-ght Cornpuc' JPE.
The Governing Board shall appoint a business officer who may be a city auditor, town
accountant or officer with similar duties, of one of the Municipal Members. The business officer 3
shall have the duties and responsibilities of an auditor or accountant pursuant to G.L. c. 41, §§ 52
and 56 and shall not be eligible to hold the office of treasurer.
If the Cape Light Compact JPE is using a service provider pursuant to Article [xx] to
handle Cape Dight Compact JPE funds, the Governing Board shall consider using one or more
employees of such service provider to serve as treasurer or business officer.
I. Secretary.
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The secretary shall arrange for the recording, consistent with applicable law, of all
proceedings of the Governing Board, Executive Committee and any other such committee in a
book or books to be kept therefor, :mall of the- Ught Compac- 4RE,
and have such powers and duties as customarily belong to the office of clerk or secretary or as
may be designated from time to time by the chairman or the Governing Board.
J. Other Officers.
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The Governing Board shall retain legal counsel for the Cape Light Compact JPE. The
Cape Light Compact JPE's legal counsel may jointly represent the Cape Light Compact JPE's
Member Muncipalities or affiliates in accordance with this Article [xx] of this Agreement.
The Cape Light Compact JPE shall designate a Chief Procurement Officer, whose role, in
accordance with G.L. c. 30B and other applicable provisions of law, shall be to select proposals
for and facilitate the award of contracts on behalf of the Cape Light Compact JPE, with input
from Directors, the Cape Light Compact JPE staff, counsel and others, as such Chief
Procurement Officer sees fit. Notwithstanding the foregoing, the Governing Board may
determine that the Cape Light Compact JPE, as long as consistent with applicable law, will select
proposals and award contracts in another manner. j
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Other officers shall have such powers as may be designated from time to time by the
Governing Board,
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K. The Cape Liaht Compact HE Administrator.
The Governing Board shall appoint a JPE Administrator who shall be an employee of the
Cape Light Compact JPE. In general, the Cape Light Compact JPE Administrator shall serve as
the chief administrative and operating officer and supervise, direct and be responsible for the
efficient administration of the business of the Cape Light Compact JPE.
More specifically, the Cape Light Compact JPE Administrator shall be responsible for:
(i) Implementing the goals and carrying out the policies of the Cape Light Compact JPE
Governing Board; i
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(ii) Maintaining the complete and full records, reports and filings associated with the
financial and administrative activity of the Cape Light Compact JPE;
(iii) Planning and directing all administrative and operational functions of the Cape Light
Compact JPE consistent with budgets approved by the Governing Board;
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(iv) Managing the hiring process, supervising and directing the work of all staff consistent
with budgets and strategic goals approved by the Governing Board;
(v) Consulting and advising the Governing Board as to the business, operational and
strategic concerns of the Cape Light Compact JPE including fiscal affairs, legal and
operational issues, and major program initiatives;
(vi) Regularly attending all Governing Board meetings and answering all questions
addressed to him/her;
(vii) Managing the Cape Light Compact JPE's legal affairs, including directing the Cape
Light Compact JPE's participation in regulatory and judicial proceedings, consistent
with relevant budgets approved by the Governing Board;
(viii) Managing the Cape Light Compact JPE's energy efficiency program in accordance
with all applicable laws and the rules and regulations of the IPU, or any successor
entity;
(ix) Negotiating and executing contracts for power supply procurement, renewable energy j
certificates, energy efficiency contracts, contracts for professional services and legal
services in order to achieve the strategic goals and business purposes of the governing E
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(x) Perforin such other duties as may be directed by the Governing Board from time to
time, or as may be necessary or advisable to fulfill the Cape Light Compact JPE's
objectives.
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L. Cape Light Compact HE Staff.
The Cape Light Compact JPE shall be a public employer. The Governing Board may
employ personnel to carry out the purposes of this Agreement and establish the duties,
compensation and other terms and conditions of employment of personnel. The Governing
Board shall take all necessary steps to provide for continuation of membership in a valid and
existing public employee retirement system.
M. Service Providers
The Governing Board may appoint or engage one or more service providers to serve as
the Cape Light Compact JPE's administrative, fiscal or operational agent in accordance with the
provisions of a written agreement between the Cape Light Compact JPE and the service provider.
A Municipal Member may contract with the Cape Light Compact JPE to be a service provider.
The service provider agreement shall set forth the terms and conditions by which the service
provider shall perform or cause to be performed the requested services, This subsection [xx]
shall not in any way be construed to limit the discretion of the Cape Light Compact JPE to hire
its own employees to perform such functions.
ARTICLE [XX]: BUDGET; M A MA41—I'laT IFInr A]]Mrx A L
MVN1C4P A 4 AHreTI ERS AND COUlhr'I TE-; FINANCING; BORROWING; ANIS
CAPED MATTERS
A. Budeet, Segrep-ation of Funds; Expenditures.
Prior to the beginning of each fiscal year, the Cape Light Compact HE staff shall work
with the Governing.Board to prepare a proposed operating budget. The Cape Light Compact JPE
shall adopt an operating budget for each fiscal year and direct the expenditure of funds in
accordance with applicable law. The operating budget and any amendments thereto shall be
approved by a weighted vote of the Governing Board in accordance with Article [xx] (D).
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All funds of the Cape Light Compact JPE shall be held in separate accounts in the name }
of the Cape Light Compact JPE and not commingled with funds of any other person or entity. All
funds of the Cape Light Compact JPE shall be strictly and separately accounted for, and regular
reports shall be rendered of all receipts and disbursements, The Governing Board shall contract
with a certified public accountant to make an annual audit of the accounts and records of the
Cape Light Compact JPE. All expenditures shall be trade in accordance with the approved
budget and in accordance with any applicable procedures or controls as may be authorized by the
Governing Board,
B. Financing. 1
The Cape Light Compact JPE shall finance the joint services, activities or undertakings
within the region in the mariner set forth in this Article [xx]. Upon the transfer of operations as
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set forth in Article [xx], the Cape Light Compact JPE may collect a kilowatt hour charge or
equivalent of up to a mil per kilowatt hour, from consumers participating in the municipal
aggregation power supply program. The amount collected may be up to I mil ($.001), or such
lower amount as the Cape Light Compact JPE Administrator may determine, for every kilowatt
hour sold to consumers for the duration of service under a competitive electric supply agreement
(this charge is referred to as an"Operational Adder"). The Cape Light Compact JPE will
primarily use the Operational Adder funds to support the municipal aggregation power supply
program budget and other costs associated with implementing the powers and purposes of the
Cape Light Compact JPE. The level of the Operational Adder shall be determined during the
annual operating budget process based upon the projected expenses of the Cape Light Compact
JPE. All uses of the Operational Adder shall follow the Cape Light Compact JPE budget
appropriation process.
Upon the transfer of operations as set forth in Article [xx], funding for the Cape Light
Compact JPE's energy efficiency activities shall come in part from the mandatory system
benefits charges imposed on consumers in accordance with G.L. c. 25, § 14(a), which funds
energy efficiency programs administered by municipal aggregators with energy plans certified by
the IPU under G.L. c. 164, § 134(b). In addition, in accordance with G.L. c, 25, § 14(a), the
Cape Light Compact JPE's energy efficiency activities may also be funded by revenues from the
forward capacity market administered by ISO New England Inc., revenues from cap and trade
pollution control programs (e.g., Regional Greenhouse Gas Initiative), other funding sources and
an energy efficiency surcharge, as approved by the IPU or a successor thereto. In addition, the
Cape Light Compact.IPE shall finance the joint services, activities or undertakings within the
region with grants from the commonwealth, the federal government and other public and private
grantors;
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C. Borrowine.
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The Cape Light Compact JPE is authorized to incur borrowing pursuant to the Joint
Powers Statute. The limitations on the purposes, terms and amounts of debt the Cape Light
Compact JPE may incur to perform such services, activities or undertakings are as follows: j
[Note: K&P is checking with bond counsel on this.]
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ARTICLE [XXI: COOPERATION; AUTHORITY DOCUMENTS
The Members, kuxi C/ountf and Burmtable Couw,}T agree to act in good faith and use
their best efforts to effectuate the intent and purpose of this Agreement. All parties to this
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Agreement shall cooperate to the fullest extent possible.
The Members acknowledge and agree that the authority of the Cape Light Compact JPE
will be evidenced and effectuated through this Agreement and through Governing Board votes,
resolutions and various documents duly adopted by the Governing Board. The Members agree to
abide by and comply with the terms and conditions of all such votes, resolutions and documents
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that may be adopted by the Governing Board, subject to the Members' right to withdraw from the
Cape Light Compact JPE as described in Article [xx].
ARTICLE [XX : ELECTRICITY AND O'T'HER AGREEMENTS
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Pursuant to this Agreement, the Members and private consumers may enter into contracts
for the distribution, transmission and/or supply of electricity, for the purchase of energy and
RE,Cs, and for project financing in support thereof, provided, however, that any contract for the j
purchase of electric power supplies, distribution, transmission or metering, billing and
information services or related to any of the foregoing, shall not impose direct or individual
financial obligations on any Members oopt forc' ems by i irtuv of ouch rncr++'
paw---t �'pat-zor' in, tL.Q Qtp;:-g Compact Jl'F- until approved by such individual Member of
eoufAy, as the case may be, and further, that any contract shall indemnify and hold harmless the
Cape Light Compact .IPE and its Members from any financial liability or provide commercially
reasonable indemnification with respect to the provision of such products or services.
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ARTICLE [XXI: OTHER APPLICABLE LAWS
Nothing in this Agreement or in any negotiated contract for the supply of electricity shall
be construed to supersede, alter or otherwise impair any obligation imposed on any Member by
otherwise applicable law.
ARTICLE JXXJ: INDEMNIFICATION OF DIRECTORS LTE NATES;
LIABILITY OF DIRECTOR AND OFFICERS; INSURANCE;
INDEMNIFICATION OF MEMBERS
A. Indemnification of Directors.
Baer i meni r e€The Cape Light Compact JPE shall, to the extent legally permissible,
indemnify the Directors, County Representatives, officers and Members. All contracts negotiated 1
or undertaken by the Cape Light Compact JPE shall also include. to the maximum extent
feasible, indemnification of the Directors, County Representatives, officers and the Members.
B. Liability of Directors, Officers, and Erx�trl®uses.
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The Directors, County Representative, officers, and employees of the Cape Light
Compact JPE shall use ordinary care and reasonable diligence in the exercise of their powers and �
in the performance of their duties pursuant to this Agreement. No current or former Director, �
officer, or employee will be responsible for any act or omission by another Director, County
Representative, officer, or employee,
C. Insurance.
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The Cape Light Compact JPE shall acquire such insurance coverage as the Governing
Board deems necessary to protect the interests of the Cape Light Compact JPE, the Members,
the Directors and officers, employees and the public° If possible, such insurance coverage shall
name the Members as additional insureds. if the Cape bight Compact JPE has employees, it
shall obtain worker's compensation insurance.
De Indemnification of Members.
The Cape Light Compact JPE shall defend, indemnify and hold harmless the Members
from any and all claims, losses, damages, costs, injuries and liabilities of every kind to the
extent arising directly or indirectly from the conduct, activities, operations, acts, and omissions
of the Cape Light Compact JPE under this Agreement, and not arising directly or indirectly
from the negligent or intentional actions of any Member. In addition, the Cape Light Compact
JPE shall not be responsible for indemnifying any Member for any claims, losses, damages,
costs or injuries arising from any duties that such Member has agreed to assume in a contract
with the Cape Light Compact JPE.
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ARTICLE [XX]: AMENDMENT; REVISION OF EXHIBITS
Except as set forth below in the following paragraph, this Agreement may be altered,
amended, or repealed, in whole or in part, by the affirmative vote of Directors of Municipal
Members whose population is at least equal to 50% of the combined population of all of the
Municipal Members of the Cape Light Compact JPE; pf&vided that at
Jirojk)'c f CN-q all a�`Ba lac Caiii�oto ki tw�-affirt ativo; an4-ft+ru4o,prvirda ham �
ear � from all of D-Akc-& my alto votaa in the affnnN'ati-i-
Certain amendments to this Agreement and certain actions of the Cape Light Compact
JPE shall require the affirmative approval of the Municipal Members whose population is at least
equal to 50% of the combined population of all. of the Municipal Members of the Cape Light i
Compact JPE: (i) Article [xx] (eligibility for membership); (ii) Article [xx] (liability); (iii)
Article [xx] (borrowing); and [placeholder for discussion with town counsel].
In addition, termination of the Cape Light Compact JPE shall require the approval of all
Municipal Members as set forth in Article [xx].
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The Municipal Members agree that Exhibits A(List of Members) and B (Weighted
Voting)to this Agreement set forth certain administrative matters that may be revised by the
Cape Light Compact JPE Administrator in accordance with Governing Board authorization E
without such revision constituting an amendment to this Agreement. The Cape Light Compact
JPE shall provide written notice to the Members of the revision to such exhibits.
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ARTICLE [XX]: TERM; TERMINATION; WITHDRAWAL
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I h member-,had Wilco ouch kan ac � uiivd wxlor C.L. Q. M. malc¢44
crffe�ti� Thew Agent z all be ac of fib. d0c tkat II,) lact of,he
ffi,ngb-e-„n below, This Agreement shall continue in effect for a term not to exceed twenty-
five (25) years. At the conclusion of the term, taking into account any changed circumstances,
the Municipal Members shall in good faith negotiate a replacement agreement.
Any Member may voluntarily withdraw from the Cape Light Compact JPE at the end of
each calendar quarter upon at least ninety (90) days prior written notice. Withdrawal of such
Member shall not affect any obligations entered into prior to the date of withdrawal which are
binding by their terms on such member, including, without limitation, contracts directly entered
into by such Member and financial contributions to the Cape Light Compact JPE made or agreed
to be made by such member.
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t INE ax attai-,,-d;ca R�r any o��•raaoon &hly 1
d upon by tho G,�a,n n2; Bozd th--C light C/im _+ SPE y diajol,�. Ulp�r
diaas\alution, ar, waeoi-m-n,ztI\- Capp L�gx'it ri p `J?'r< DN-'fl be
pe4brmod and Do)/d. T. f the colo ahall b,; dis'.n.ule. equitably to the thox Nmaining
membanc of 1,ko CcapeLight Gcinpa JPE--a rding,1.\3 it p\Jmwit oontributa
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This Agreement may be terminated by collective agreement of all the Municipal
Members; provided, however, the foregoing shall not be construed as limiting the rights of a
Municipal Member to withdraw its membership in the Cape Light Compact JPE, and thus
terminate this Agreement only with respect to such withdrawing Municipal Member, as
described in Article [xx].
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Upon termination of this Agreement, any surplus money or assets in possession of the
Cape Light Compact JPF for use under this Agreement, after payment of all liabilities, costs,
expenses, and charges incurred under this Agreement shall be returned to the then-existing
Members in proportion to the contributions made by each, if applicable; if no contributions were
made, surplus assets shall be distributed based on the relative populations of each Municipal
Member. Payment of liabilities and disbursement of surplus money or assets shall also be in
accordance with any rules, regulations and policies adopted by governmental authorities leaving j
jurisdiction over the Cape Light Compact JPE. 1
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ARTICLE [ j: CONSTRUCTION AND SEVERABILITY
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This Agreement shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this Agreement shall be severable and if any phrase, clause, sentence or provision
of this Agreement is declared to be contrary to the constitution of any Massachusetts or of the
United States or the applicability thereof to any government, agency, person or circumstance is
held invalid, the validity of the remainder of this Agreement and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If this Agreement
shall be held contrary to the constitution or the Massachusetts General Laws, the Cape Light
Compact JPE shall remain in full force and effect as to all severable matters.
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ARTICLE [ j> THE CAPE LIGHT COMPACT JPE AS SUCCESSOR T
COMPACT; TRANSFER OF COMPACT'S ADMINISTRATIVE AND OPERATIONAL
FUNCTIONS
A. The Cage Light Compact J-PE's Status as Successor Entity to Compact.
It is the intent of the Members that the Cape Light Compact JPE eventually serve as the
successor entity to the Compact,
In order to provide for an orderly transition.,the Cape Light Compact JPE and the
Compact will coordinate transfer and succession plans in accordance with this Article [xx].
Upon transfer of the Compact's operations as set forth in Article [xx] below, and in
accordance with applicable transfer and succession plans, the Cape Light Compact JPE shall
assume all benefits, obligations and liabilities of the Compact.
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13. Transfer of Administrative and Financial Functions.
Upon the Effective Date, the Cape Light Compact JPE will serve as the administrative
and fiscal arm of the Compact. As soon as practicable, Compact staff will become employees of
the Cape Light Compact JPE. At such time, the Cape Light Compact JPE shall assume
responsibility for any and all loss, injury, damage, liability, claim, demand, tort or worker's
compensation incidents that occur on or after the date personnel are transferred to the Cape Light
Compact JPE. The Cape Light Compact JPE will also perform certain financial services for the
Compact as set forth in a written agreement between the Compact and the Cape Light Compact
JPE. The Cape Light Compact JPE may elect to delegate performance of such functions to
service providers as set forth in Article [xx].
C. Transfer of_ „perations. I
Unless such other date is established by the Governing Board, when the majority of the
Municipal members of the Compact join the Cape Light Compact JPE, the Compact and the
Cape Light Compact JPE will develop an asset transfer and succession plan and, in consultation
with DPU (and other governmental authorities if necessary or convenient), will establish an
operational transfer date. Once such date is established, the Cape Light Compact JPE will notify
the members of the Compact of the deadline for joining the Cape Light Compact JPE in order to
participate in its aggregation plan. On or before the operational transfer date, the Cape Light
Compact JPE will execute all documents and perform all acts necessary to transfer all programs,
operational functions, tangible and intangible assets (including intellectual property), contracts
and records of the Compact to the Cape Light Compact JPE so that the Cape Light Compact JPE
is the legal successor to the Compact.
D. Meetings fgqctBoard Membership?] inuring Transition Period. �
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During the transition period, meetings of the Cape Light Compact JPE will occur
immediately before or after scheduled meetings of the Compact. [In order to provide for an
orderly transition or for any other reason that a Municipal Member deems appropriate, a
Municipal Member may appoint the same person to serve on the Cape Light Compact JPE's and
Compact's Governing Boards.]
ARTICLE [XXI: MISCELLANEOUS
A. Pr�alOffice.
The principal office of the Cape Light Compact JPE shall be located at such places as the
Governing Board may establish from time to time. at-thc BAmotablo ✓punt Co 1�� mio:zo s
9,Koo, P.G. X27, %injtab'a� UA, The Gcww ming l3oaxd m f Otho lw t4on-ef
the-pTinoipal offiw in a000rdarro with Arti�4&44-,
B. The Cape Liaht Compact.IPE Records.
The original, or attested copies, of this Agreement and records of all meetings of the
Governing Beard shall be kept in Massachusetts at the principal office of the Cape Light
Compact JPE. Said copies and records need not all be kept in the same office. They shall be
available at all reasonable times for the inspection of any Municipal Member or Director for any 1
proper purpose and as required by law. The records of the Cape Light Compact JPE shall be
subject to the Massachusetts Public Records Act, G.L. c. 66, and shall be deemed public records, 3
unless such records fall within the exemptions set forth in G.L. ca 4, §7, including exemptions for
development of inter-agency policy and trade secrets or commercial or financial information.
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C. Fiscal Year.
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The fiscal year of the Cape Light Compact JPE shall begin on
1,�ho a-ff fe-�,&�al )Var ao cst-ablik-) edby the General L&vs-44-&ftio3 ar,- f wn �
January 1 st and end on December 3 I st. '
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Tho scal of tk-o ` PE oha\K be a 6.-cular die oath tho of th--C
.9— Garnna�JIBE around tho p.eriph3n, and tba Y and the
E. Rep® C.L. c. .
T4te-C,apo !�r;ht Compact, JM rill an3 1 e reeof servieesE
per-fermed, eoAs ; ecf and c&nd crjn&-�Iut',oc r. ad. Thz Cape 1-4ht
Ge�t IPE-agrajo that it will P3Vf3M. regular aad-i 5-ef•suol re�or�l�epar�t �
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audib conckt&eod by t it Compact- JPE's fiaoalz� 0�z� periodio financial otat��a�
Dhall N) imuedl n '� � r r�� z o�z. To tiv ox tent applioc-No, if at ally anrr rckn'aumm- . e-Zz-46F
cje,�am th"vFt, of any work rolatcd to thio Agroxmyat c�iall bu rnaclq at YuA =
inty:-ralF ao o AdminkKVi-,,v F-Tvicco Agroomont c: ot-hor a lis' le age
Tho Capo I�Aght Compact JPsE-��mj l7y viith--�l oql, applies@ proiioi3as �€� r
The Cape Light Compact JPE shall submit an annual report to each Member which shall
contain a detailed audited financial statement and a statement in accordance with the Joint
Powers Statute.
The Cape Light Compact JPE shall a4-se prepare a written annual report, in the format
required by the DPU regarding the expenditure of energy efficiency funds for the previous
calendar year. Such reports shall be filed with the DPU no later than August 1, unless filing or
reporting requirements established by the DPU necessitate a different date, and posted to the
Cape Light Compact JPE's web site within thirty (30) days of submission to the DPU. In
addition, the Cape Light Compact JPE shall periodically prepare written overviews of the Cape
Light Compact JPE's program activities for each Municipal Member for inclusion in its
individual town annual reports,
Upon the transfer of operations as set forth in Article [xxl, for so long as is required by
the DPU, the Cape Light Compact JPE shall submit an annual report to the DPU on December
1 st of each year regarding its municipal aggregation power supply program. The annual report
will, at a minimum, provide: (1) a list of the program's competitive suppliers over the past year;
(2) the term of each power supply contract; (3)the aggregation's monthly enrollment statistics by
customer class; (4) a brief description of any renewable energy supply options; and (5) a
discussion and documentation regarding the implementation of the municipal aggregation's
alternative information disclosure strategy. As approved by the DPU, the Cape Light Compact
JPE may submit this report on a fiscal year basis.
F. Disp.ute.R�alutinu.
The Members and the Cape Light Compact JPE shall make reasonable efforts to settle all
disputes arising out of or in connection with this Agreement. Before exercising any remedy
provided by law, a Member and the Cape Light Compact WE shall engage in nonbinding
mediation in the manner agreed upon by the participating Member and the Cape Light Compact
JPE. The Cape Light Compact JPE and Members agree that each Municipal Member may
specifically enforce this Article [xx . In the event that nonbinding mediation is not initiated or
does not result in the settlement of a dispute within sixty(60) days after the demand for
mediation or is made, any Municipal Member and the Cape Light Compact JPE may pursue any
remedies provided by law.
G. Multir& Originals.
This Agreement shall be executed in accordance with the requirements of the Joint
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Powers Statute. Amendments to this Agreement requiring approval of Directors shall be
executed by the Directors approving such amendments. Amendments to this Agreement
requiring approval of the Municipal Members shall be executed in the manner set forth in the
Joint Powers Statute.
This Agreement may be executed in several counterparts, each of which shall be deemed
an original, but all of which shall constitute one and the same instrument. In addition, this
Agreement may contain more than one counterpart of the signature page and all of such signature
pages shall be read as though one and shall have the same force and effect as though all of the
parties had executed a single signature page.
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H. No Partnershin or Joint Venture in Contracts with Third Parties; Limitation
of Responsibility.
In carrying out its purposes as described herein, and in entry into any third party contract
for the purchase of electric power supplies, distribution, transmission or metering, billing and
information services or related to any of the foregoing, neither the Cape Light Compact JPE nor
any of its Members shall be a partner or joint venturer with any third party. The relationship
between the Cape Light Compact JPE (and/or its Members) on the one hand and the other
party(ies) to such contract on the other hand shall be that of buyer and seller or agent for the
buyer and seller, as the case may be. Nothing therein contained shall be deemed to constitute the
Cape Light Compact JPE (and/or its Members) as a partner, agent or legal Director of any third
party or to create ajoint venture, agency or any relationship between the Cape Light Compact
JPE (and/or its Members) and any third party other than that of buyer and seller or agent for the
buyer and seller, as the case may be. The Cape Light Compact JPE and its Members have no
responsibility to supply, distribute, transmit, meter, bill or otherwise provide electricity to any
consumer and none is implied hereby or thereby. Nothing in this Article fxx] shall be construed
as prohibiting the Cape Light Compact JPE from entering into a partnership or joint venture
relationship with any organization in which it has a membership interest or affiliation;
the J efativ�.
A ix.
Thi R,, n po Ught Compact 2PE—jhall bit 'l�x-Oh in c,+i-appendin is the
Agmvaiont. The Cmc Isght-Geff+pact JM o a4w"i&trutor Ma}--UPdat d rs-plavo Ju--h F
ap},--� dix aaah-'iffte--sidc,\'i bylay. j aro duly am". od by '&h:-qo✓*rrAng Board v,,itho�.af
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I. Shared Leeal Representation Ianvolviniz Members or Other Public Entities.,
Official Duties of Compact Counsel. [Note to Readers: The MMLA intends to
introduce legislation this year to address this issue.]
Subject to the consent and approval of all parties requesting legal representation, the Cape
Light Compact HE may from time to time to retain counsel who may also represent its Members
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or other public entities in matters in which the Cape Light Compact JPE has a direct or
substantial interest without violating G.L. c. 268A. Such dual or common representation allows
the Cape Light Compact JPE to pool resources for a common purpose, develop mutual interests,
and preserve public funds. The official duties of JPE counsel include, but are not limited to,
representing Members or other public entities in: (i) administrative and judicial proceedings in
which the Cape Light Compact JPE is also a party, (ii) contract negotiations or project
development matters in which the Cape Light Compact JPE or its Members have an interest, and
(iii) other matters in which the. Cape Light Compact JPE has a direct or substantial interest,
provided that in each instance, such dual or common representation would not cause a violation
of rules governing attorney conduct. The Cape Light Compact JPE counsel shall discharge such
duties only when requested in writing by the Cape Light Compact JPE's Governing Board, Prior
to making such a request, the Cape Light Compact JPE's Governing Board shall determine
whether the interests of the Cape Light Compact JPE would be advanced by such dual or
common representation and shall evaluate if actual or potential conflicts of interest exist. if any
conflicts are identified, they shall be described in the written request. Counsel shall then make
its own determination whether such dual or common representation would not cause a violation
of rules governing attorney conduct, Representation of the Compact and the Cape Light
Compact JPE shall not be considered dual representation as the two entities shall function as two
component parts of one legal entity for a transition period, and then the Cape Light Compact JPE
shall serve as the successor entity to the Compact.
Should the provision in G.L. c. 268A limiting dual or common representation be amended
or replaced after the Effective Date, dual or common legal representation shall conducted,
structured or arranged in accordance with such statute, and shall not be constrained by the
limitations or subject to the procedures set forth in this Article [xx].
[EXECUTION PAGES TO FOLLOW]
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BREWSTER BOARD OF SELECTMEN
MEETING OF JANUARY 30, 2017
ACTION ITEMS
1. One Day Entertainment License -- Snowy Owl Coffee Roasters is requesting a one
day entertainment license for Saturday, March 11th from bpm - 8pm for a poetry and music
event. The music will be acoustic and the food that will be served is only from his regular
menu. The cost of the permit is $35.00
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ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
2. One Day Liquor License - Maplewood at Brewster is requesting a one day liquor
license for Tuesday, February 21St from 4;30pm - 7;30pm for a continuing education class
on heart disease. Beer & wine will be served and food will be provided. The cost of the
license is $35.00
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
3. Set Seasonal Population - ABCC requires towns to provide an estimate of the
temporary increase in population by March 1St every year. This seasonal population
estimate is used to establish a quota for seasonal package stores. Currently Brewster does
not have any such licenses, but by keeping ABCC informed, it allows the Board the right to
issue such licenses. We recommend the Board set the seasonal population at 33,000.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
4. Waiver of Fee -Bank of New England is requesting a waiver of the $1,450 Planning
Board fee in regards to the modification of special permit MRS2004-23. The modifications
of the permit relate to resolving long outstanding issues with Winstead Road and would
allow the completion of the top coat and ensure drainage infrastructure is functioning
properly. The Planning Board supports the waiver of the fee.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
5. Declare Surplus Property -- The Town has a surplus Epson Stylus Pro 7700 wide
format color printer/plotter and a Savin 9240 copier/printer/scanner that we would like to
have declared surplus. These items have recently replaced with Ricoh products. We would
like to sell the surplus printer & copier on GovDeals.
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ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
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January 30, 2017
Action Items
Page 1 of 2
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6. Waiver of Remainder of Ambulance Bill — Anna Zar-Bassali is requesting a waiver
of the remainder of an ambulance bill, invoice 15-182920, in the amount of $75.00. This is
the co-pay amount. The Fire Chief supports the waiver of the fee.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
7. Waiver of Ambulance Bill — The Fire Chief received a second request for waiver of an
outstanding balance of $4,879.00. The requester is on a fixed income and fulfills the
required waiver policy. The Fire Chief supports the waiver of the fee.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request,
S. Approve License Agreement — At the December 19, 2016 meeting the Board
approved two requests to conduct vegetative work on Town property; 83 8v 102 Cedar Hill
Road. Town Counsel has created license agreements, which include a hold harmless
section, between the Town and home owners for approval by the Board.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request and sign the agreements.
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January30, 2017
Action Items
Page 2 of 2
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!!\!\1111111 I1115U��i�/,
Board of Selectmen
o�0 4B9��'� %may Town Administrator
x mr
N 2198 Main Street
6� s�i `�� Brewster,Massachusetts 02631-1898
��siyy�`�aax.:,Pro `���� (508)896-3701
FF0RPos'asa FAX(508) 896-8089
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APPLICATION FOR
ONE-DAY ENTERTAINMENT LICENSE
(must be submitted, with application fee, two (2) weeks prior to the date of the event)
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Applicant's Name: IIAIvO l /A /,,�W X, Contact Phone#: V1.5- 6 Y10
Applicant's Address: Z,6-2,41 /y�Af-/
�9 T�qZ E
Type of Event: Vol tqf= Pbe-7vy
Location and Address where entertainment will be hosted if different from Applicant's Address:
61&V ✓II e4,V� C��Iee- �Ai�S TAGS
Date and hours requested of proposed event:
Day:��1 - ,1/ Times: (� Pe 9 /-/1
Description of Entertainment proposed, please include name of the band or DJ if applicable:
0A P4 e-Tlz.,l Avco-,-" 6,)
Will the entertainment be performed indoors or outside of buildings?
Will temporary structures be erected (such as platforms, scaffolds,tents, pavilions, etc,) /t-10
If so, please describe !
If music is proposed, will it be performed live? y�s
If music is proposed, will it be acoustic or amplified? c�✓S
Number of attendees anticipated over course of event pp l
Maximum #at any one time; 30 PP/
FEE=$35/day/location
Signature of Applicant
_
ate;
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Licensing Authority's Approval:
Notices sent: Fee Paid:
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Date Approved
Signature for Licensing Authority
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VOICES OF POETRY
_F1tESKR0AS9MD POMMY
Join us for an evening of greatpoetry & Music
sumptuous coffee {or teak & other treats
featuring poetry By award-winning poets
- •.— fir, c',`:,,
Lori Desrosiears Jacquelyn Malone Steven Withrow
music by aeelaii ed vocalist E
E
- c -
sY
Taryn VanEselstyn
atiu�d� ,
M,, areh 11, 2017 '. 6 to S,PM
Snowy Owl Coffee Boasters
2624,Maims Street .(Route GA), Brewster, MA I
Suggested donation: $10 Com.person
p W
Board of Selectmen
,V 4< �,X P?
C) A Town Administrator
2198 Main Street JA .2
Brewster,Massachusetts 02631-1899
(508) 896-3701 i TOW N 011- F1
ORPO"I'e,
FA_X (508) 896-8089 SELUMVIEN"S OFFK,,�_
APPLICATION FOR
ONE-DAY LIQUOR LICENSE
(must be submitted with application fee two (2) weeks prior to 'the date of the event)
Applicant's Name: PU VV000( 61- 3&6kt- Phone: <7k—_77
Applicant's Address: C—ZD_f:bVVVkLk )214
MA 02(o
Type of Event:
Location and Address where Liquor will be served if different from Appl!icant's Address:
tb
Date and hours requested for Licensed Authorization to serve Liquor-
Times: q 7"
Day: 2—/2/ /17
Types of Liquor to be sLerved: bar
Will food be provided? Ye's
Number of attendees anticipated?
Who will serve the liquor?
Name: ad,�Oa vva_�kin
Address: k2�) t-"kcK 1?1j
)�rtw&Aey- �-A 02(vS
Contact phone number(s) for Server(s):
-7 79 4.2,3-9 2Z
F'EE--:- $35/day/location
Signature of-Applicant:
Date: 11121117
Signature indicating for Licensing Authority's Approval:
Date
2017
7ja[�ye .
CITY/TOWN: I l
DATE;
Alcoholic Beverages Control Commission
239 Causeway Street
Boston, MIA 02114
To the members of the Alcoholic Beverages Control Commission;
Acting under the authority contained in M.G.L.Ch.138,§17,as amended the undersigned
local licensing authority at a meeting held on:
Date of Meeting
estimated that the temporary increased resident population of:
City/Town
As of July 10,2017 will be
Estimate Resident Population
This estimate was made and voted upon by the undersigned at a meeting called for the purpose,after due notice to each
of the members of the time,place,and purpose of said meeting,and after investigation and ascertainment by us of all
the facts and after cooperative discussion and deliberation.The estimate is true to the best of our knowledge and belief.
THE ABOVE STATEMENTS ARE MADE UNDER THE PENALTIES OF PERJURY
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Very Truly Yours,
Local Licensing Authorities
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THIS CERTIFICATION MUST BE SIGNED BY A MAJORITY OF THE MEMBERS OF THE LOCAL LICENSING AUTHORITIES.
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Susan Broderick A
From: Susan Broderick
Sent: Friday,January 13, 2017 2:27 PM
To: 'Rick Smith'
Cc: Ryan Bennett
Subject: RE: Fee Waiver
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Hello Rick,
I wanted to let you know that the Board of Selectmen will take this up as an action item on the January 3011 meeting. I
was just speaking with Ryan and she informed me that the Planning Board will be meeting on January 251h to discuss
supporting your request for a fee waiver. The Selectmen will take this item up as an action item at the end of their
meeting, so you do not need to attend.
Best,
Regards,
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.Sus,, 113J"GCk-(74 k
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From: Rick Smith mailto:rsmith bankofnewen land,com
� @ g j
Sent: Wednesday,January 11, 2017 11:22 AM
To:Susan Broderick<sbroderick@brewster-ma.gov>
Cc: Ryan Bennett<rbennett@brewster-ma.gov> `
Subject: Fee Waiver
Susan,
My name is Rick Smith and I/Bank of New England are requesting a waiver of the fee for a modification of the Special
Permit MRS2004-23 that we have filed with Ryan Bennett,Town Planner. Ryan said you could help direct me, I can be
contacted either by email or my cell phone 603-770-1200.Thanks Rick
's
Richard (Rick)J. Smith
Vice President
Commercial Real Estate Group E
F
Commercial and Construction Lending
31 Pelham Road
Salem,. NH 03079
Office: 603-870-6378
Cell: 603-770-1200 1
Fax: 603-870-6368
rsmith bankofnewenfzland.com
This message is intended only for the use of the intended recipient and may contain information that is
PRIVILEGED and/or CONFIDENTIAL. If you are not the intended recipient, you are hereby notified that any
use, dissemination, disclosure or copying of this communication is strictly prohibited. If you have received this
communication in error,please destroy all copies of this message and its attachments and notify us immediately
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Town of Brewster
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A Planning Board
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508-896-3701 x1150
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Dates January 261h, 2017
To: Brewster Board of Selectmen
From: Brewster Planning Board
Re: Bank of New England/Pond Oaks LLC Special Permit Modification--Support for Fee Waiver
Request
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Dear Members of the Board:
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At the January 25th Planning Board meeting,the Board unanimously agreed to write a letter of support
for a fee waiver request In the amount of$1,450.00 from the Bank of New England. The Planning Board
has been working with the Bank and the residents of the Pond Oaks subdivision, located on Winstead
Road, to resolve outstanding roadway improvements. The 14-lot subdivision was approved by the
Planning Board In 2005 as a Special Permit Major Residential Development. In 2008 the original
developer lost the subdivision through foreclosure and a second developer purchased the remaining
lots. Since that time, one lot has remained underthe subdivision covenant as surety for the completion
of the roadway, however;that lot now appears vulnerable to bankruptcy.
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The outstanding roadway improvements include completing the top coat and ensuring drainage
Infrastructure is functioning properly. The current raised drainage structures along the roadway have l
created a hazardous situation for homeowners during the winter months, as the road cannot be
properly plowed. The Bank has committed to modifying the Special Permit subdivision approval to P
ensure compliance with the conditions of approval, including completing the roadway top coat.
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The Planning Board respectfully requests that you consider acting favorably on this fee waiver request l
as a good faith measure to support a solution to a long outstanding problem for the residents of
Winstead Road.
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Respectfully,
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Richard Judd, �
Chairman
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Cc: Ryan Bennett,Town Planner
Brewster Planning Board
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TO: Board of Selectm
FROM: Fire Chief Moran 0 '
CC: Town Administrator Michael Embury ()ir
DATE: 1120119 t'r r.._C"i
RE: Hardship Request
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I am in receipt of the attached request from a Brewster non-resident to relieve the
individual from paying an outstanding balance of$75.00 for emergency medical '
services.
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In reviewing the request I am utilizing the agreed upon policy of weighing the
individuals last reported Federal income ($32,180.00) against the 125% Federal
poverty level. Based on a review of the documents, paid invoices to date, and the
approved policy I am recommending the following action;
1. Vote by the Board of Selectmen to approve the request to waive payment
of the 75.00 co-pay as requested.
Based on Town policy the Board of Selectmen retains the right to vacate the [
recommendation of the Fire Chief. Please review the enclosed documents as
submitted by the requesting party and advise my office at your earliest '
convenience.
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TO: Board of Selectmen
FROM: Fire Chief Moran
CC: Town Administrator Michael Embury
DATE: 1120119
Hardship Request
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I am in receipt of the attached request from a Brewster resident to relieve the
individual from paying an outstanding balance of$4,879.00 for emergency
medical services.
In reviewing the request I am utilizing the agreed upon policy of weighing the
individuals last reported Federal income ($19,153.00) against the 125% Federal
poverty level. Based on a review of the documents and the approved policy I am
recommending the following action;
1. Vote by the Board of Selectmen to approve the request to waive payment
as requested.
Based on Town policy the Board of Selectmen retains the right to vacate the
recommendation of the Fire Chief. Please review the enclosed documents as
submitted by the requesting party and advise my office at your earliest
convenience.
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT (this "License") is entered into on this day of
2017, by and between the Town of Brewster, acting by and through its Board of
Selectmen, having an address of 2198 Main Street,Brewster, Massachusetts 02631 (the "Town"),
and Mark L. Houghton,Trustee of the Mark L. Houghton Trust, having an address of 212
Marrett Road, Lexington, Massachusetts 02421 ("Licensee").
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WHEREAS, Licensee is the owner of a certain parcel of land located at 83 Cedar Hill
Road, identified by the Assessors as Parcel ID 38-27, and described in a deed recorded with the
Barnstable County Registry of Deeds in Book 29774, Page 199 (the "Licensee Properly");
WHEREAS, the Town is the owner of a certain land located within the layout of the
western gravel end of a public way formerly known as Robbins Hill Road (renamed as a portion
of Cedar Hill Road) in Brewster, Massachusetts, that abuts the Licensee Property, which land
consists of coastal wetlands and/or lies within 100 feet of wetlands resources, is approximately
shown on the "Site Plan" prepared by Ryder & Wilcox, Inc., dated November 29, 2016, and
attached hereto as Exhibit A (the "Town Property"), and abuts and/or is near the Town landing j
and parking lot;
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WHEREAS, Licensee, in the course of constructing improvements on the Licensee
Property, disturbed soil on and cleared vegetation from the Town Property, created a path
thereon and made other alterations thereto, all without filing an application with and obtaining
the approval of the Brewster Conservation Commission, in violation of the Massachusetts
Wetlands Protection Act, GL c. 131, §40 and the Town's Wetlands Protection By-law, Town
Code Chapter 72 (together with such other laws and such rules, regulations and bylaws
pertaining to wetlands, the "Wetlands Laws"), and without authorization from the Brewster
Board of Selectmen to alter Town property; I
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WHEREAS, the Conservation Commission issued an Enforcement Order requiring
Licensee to mitigate the violations;
WHEREAS, Licensee has prepared a Land Management Plan dated September 30, 2016,
prepared by Crawford Land Management, a copy of which is attached hereto as Exhibit B and
incorporated herein (the "Management Plan"), pursuant to which Licensee will remove invasive
and non-native species on the coastal bank and plant native species in both the Town Property
and Licensee Property, and conduct such other work as is set forth in and in accordance with the
Management Plan. The Restoration Plan dated January 17, 2017,prepared by Crawford Land
Management and attached hereto as Exhibit C, shows approximately where the plant species are
to be removed and where the native species are to be placed across the Town Property.
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WHEREAS, Licensee requests the Town grant Licensee a license enter and use a portion
of the Town Property to undertake the mitigation efforts set forth in the Management Plan; and
WHEREAS, the Town is willing to allow the Licensee to use a portion the Town
Property for such purposes on the terms and conditions set forth herein; and
Page 1 of 8
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NOW, THEREFORE, for good and valuable consideration,the parties agree as follows:
1. USE. PURPOSE, TERM. The Town hereby grants Licensee and its contractors,
agents,representatives and employees a license to enter and use the portion or portions of the
Town Property that is shown on the Restoration Plan (the"License Area'), for the purpose of
removing invasive and non-native species from the coastal bank. planting native species, and
undertaking such other work as set forth in the Management Plan (including, without limitation,
the inspection and maintenance requirements,the "Work'), all at Licensee's sole cost and
expense and in accordance with the terms and conditions set forth below. Licensee
acknowledges and agrees that the Town shall not have any obligation to pay for or contribute
toward the cost of the Work.
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Such right of entry for the Permitted Use may be exercised from March 1, 2017 until
January 3, 2020 (as said date may be changed in accordance with this License, the"Expiration
Date"), unless extended or terminated in accordance herewith. The Town may extend the term
of this License for a period of one (1) year at a time (each an "Extension Term") upon written
request therefor from Licensee at least thirty (3 0) days prior to the Expiration Date, and, if
extended, prior to the expiration of the then-applicable Extension Term, until the Work has been
fully completed and stabilized. Consent to such extension shall not be unreasonably withheld if
Licensee is undertaking the Work with the diligence and effort required herein and in compliance
with the other terms hereof.
2. CONDITION OF THE PREMISES. Licensee accepts the License Area in its "as
is" condition for the purpose of this License, and acknowledges and agrees that the Town has
made no representations or warranties regarding the fitness of the License Area or its suitability
for the Work. Nothing in this License shall be construed as requiring the Town to maintain the
License Area during the term of this License in any manner.
3. LICENSEE'S CONDUCT. During the exercise of the rights hereby granted,
Licensee shall not interfere unreasonably with the Town's use of the License Area, shall observe
and obey directives of the Town, and shall comply with all applicable laws (including, without
limitation,the Wetlands Laws), and other statutes, rules, regulations and permitting and/or
licensing requirements (collectively, the "Legal Requirements"). Licensee shall not undertake
any activity or work within the Town Property inconsistent with the Legal Requirements or the
Management Plan, and shall repair and/or remediate any damage or harm caused by Licensee to
the License Area, which This obligation shall survive the expiration or termination of this
License.
4. WORK. The Licensee shall commence the Work and pursue its completion using
commercially diligent and good faith efforts, Licensee shall not make any other alterations to the
License Area without the Town's prior written consent, which may be withheld in its sole
discretion. Licensee shall not amend the Management Plan or the Restoration Plan, or undertake
any work or another activity on the License Area not permitted therein, unless Licensee has
obtained the prior written consent of the Conservation Commission andprovided a copy thereof
to the Board of Selectmen,
Page 2 of 8
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Licensee shall procure all necessary permits before undertaking the Work, and cause all
the Work to be performed in a good and workmanlike manner in compliance with applicable
Legal Requirements.
Licensee shall not permit any mechanics' liens or similar liens to remain upon the
Licensed Area and/or the Town Property for labor and material furnished to Licensee or claimed
to have been furnished to Licensee in connection with work of any character performed or
claimed to have been performed at the direction of Licensee, and Licensee shall cause any such
lien to be released of record forthwith without cost to the Town. All laborers and materialmen
furnishing labor and materials for the Work shall release the Town from any and all liability.
Licensee may bring such equipment upon the License Area as would ordinarily be used
to undertake the Work, but Licensee shall not use motor vehicles on or store any equipment or
materials within the License Area without the Town's prior written consent. Licensee shall be
responsible for the security of its equipment and materials and the condition of the License Area.
Licensee shall inform the Town at least fourteen (14) days prior to the completion of the
Work so that the Conservation Commission may inspect the same and assess compliance with
the terms hereof The Town shall have no obligation to undertake any work or maintain the
License Area.
The provisions of this Section shall survive the expiration or termination of this License.
5, INDEMNIFICATION AND RELEASE. Licensee shall defend, indemnify, and
hold harmless the Town from and against any and all claims, demands, suits, actions, costs,
judgments, whatsoever, including reasonable attorneys' fees, which may be imposed upon,
incurred by, or asserted against the Town by reason of(a) any failure on the part of Licensee to
comply with any provision or term required to be performed or complied with by Licensee under I
this License, (b) for the death, injury or property damage suffered by any person in or around the
Town Property relating in any way to Licensee's exercise of its rights under this License and/or
any act, failure to act, negligence or intentional misconduct of Licensee, its contractors, agents,
representatives, employees, invitees and/or permittees (with Licensee, the "Licensee Parties"),
(c) the release, emission, storage or maintenance by Licensee or any of the other Licensee Parties
of any toxic or hazardous waste or materials,pollutants, or substances, including without
limitation, asbestos, PCBs,petroleum products and byproducts, substances defined or listed as
"hazardous substances" or "toxic substances" or"hazardous waste "or"hazardous material", as
those terms are defined by any applicable laws, rules or regulations; or (d) any defect in the
Work or failure to undertake the Work in compliance with the Management Plan or the Legal
Requirements.
Licensee hereby releases the Town, its employees, officers, agents, board members, and
attorneys from any claims, actions, rights of action, causes of action, damages, costs, loss of
services, expenses, compensation, attorneys' fees or other liability or responsibility for
Licensee's losses or damages related to the condition of the License Area, and Licensee agrees
and covenants that it shall not assert or bring, nor cause any third-party to assert or bring, any
claim, demand, lawsuit or cause of action against the Town, including, without limitation, claims
Page 3 of 8
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for property damages, diminution in property value claims, personal injury or death damages and
any other damages relating to, or arising from, Licensee's use of the License Area.
The provisions of this Section shall survive the expiration or termination of this License.
6. INSURANCE: BOND. Licensee shall maintain public liability insurance,
including coverage for bodily injury, wrongful death and property damage, in the minimum j
amount set forth herein to support the obligations of Licensee under the terms of this License to
indemnify, defend and hold harmless the Town: General Liability: $1,000,000 per occurrence; E
Bodily Injury Liability: $500,000 per occurrence; and Property Damage Liability or a combined
single limit of$2,000,000 annual aggregate limit.
Prior to entering upon the License Area,and at such other times as the Town may
reasonably request, Licensee shall provide the Town with a certificate of insurance in each case
indicating the Town is an additional insured on the policy and showing compliance with the
foregoing provisions. Licensee shall require the insurer to give at least thirty (30) days' written
notice of termination, reduction or cancellation of the policy to the Town. The insurance
coverage required hereunder shall be placed with insurance companies licensed by the
Massachusetts Division of Insurance to do business in Massachusetts and have a Best's rating of
A or better.
Licensee or Licensee's contractors shall maintain worker's compensation insurance as
required by law. Licensee agrees that any contractor performing work on its behalf shall carry
liability insurance and automobile liability insurance in amounts reasonably acceptable to the
Town and shall name the Town as an additional insured party. Prior to the commencement of
any work within the License Area, Licensee shall provide Town with a copy of the contractor's
insurance certificate indicating liability insurance coverage as herein specified, and copies of any
permits necessary or obtained to conduct the Work,
To the extent possible, Licensee shall obtain, for each policy of insurance secured by it,
provisions permitting waiver of any claims against the Town for loss or damage within the scope
of the insurance, and Licensee, for itself and its insurers, waives all claims against the Town as to
such claims covered by such insurance.
Prior to the commencement of any Work, Licensee shall provide the Town with a
performance bond in the amount of$2,000, provided by a recognized institutional surety to
secure the proper performance of the Work, in an amount and with a surety reasonably
acceptable to the Town and sufficient to support the obligations of Licensee hereunder to
undertake and complete the Work and to restore the License Area to the condition required
herein. Licensee will provide the Town with the bond naming the Town as secured party, and
evidencing that the bond is in force and that such bond shall not be canceled, reduced, or
materially changed without giving the Town at least thirty (30) days written notice, Such bond
shall be maintained for a period of one (1) year from the date on which the Work has been fully
completed. If any alterations, repairs or other work is required during said one-year period, or in
the event that the Work has not: commenced within six (6) months from the commencement date
of this License, been undertaken with due diligence, and/or completed by the Expiration Date,
the Town shall have the right to use the bond proceeds to undertake and complete the Work on
Page 4 of 8
the Town Property and restore the License Area and any affected Town Property, at its sole
discretion. The provisions hereof shall survive the expiration and/or termination of this License.
7. RISK OF LOSS, Licensee agrees that it shall use and occupy the Town Property,
including the License Area, at its own risk, and the Town, its agents, employees, representatives,
officers, agents, board members and attorneys shall not be liable to Licensee for any injury or
death to persons or loss or damage to vehicles, equipment or other personal property of any
nature whatsoever of Licensee, or of anyone claiming by or through Licensee, that are brought
upon the License Area/Town Property pursuant to the License, except if such injury, death, loss
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or damages is caused directly and solely by the negligence of the Town, or its employees, agents
or contractors.
8. TERMINATION and REVOCATION. This License may be revoked by either
party upon written notice of revocation provided to the other at least thirty (30) days prior to the
termination date stated in said notice,provided however that if the Town revokes or terminates
this License because of Licensee's failure to comply with its obligations hereunder, including the
requirement to carry insurance, the Town may terminate this License by giving Licensee at least
forty-eight (48)hours prior written notice thereof.
Upon the expiration or termination of this License, Licensee shall, at the Town's request
and at Licensee's sole expense, restore and/or repair the License Area/Town Property to such
condition as it was in prior to Licensee's disturbance thereof within ten(10) from the termination
or expiration date. This obligation shall survive the expiration/termination of this License.
9, RIGHTS OF THE TOWN TO ENTER. The Town has the right to enter upon the
License Area at any time for any and all purposes, at the Town's sole discretion, and Licensee
shall not interfere unreasonably therewith.
10. NOTICE. For purposes of this License, the parties shall be deemed duly notified
in accordance with the terms and provisions hereof, if written notices are hand-delivered, sent by
registered or certified mail, return receipt requested, sent by recognized overnight mail, or sent
by confirmed facsimile transmission, to the addresses set forth above, or to such other addresses
as may from time to time hereafter be designated by the parties by like notice
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11, ASSIGNMENT, TRANSFER. Licensee acknowledges that this License is
personal to Licensee and License shall not assign or otherwise transfer this License or its
rights hereunder without the Town's prior written consent, which may be withheld in its
sole and absolute discretion.
12. MISCELLANEOUS
A. No Estate Created. This License shall not be construed as creating or vesting in
Licensee any estate in the License Area, but only the limited right of use as hereinabove stated.
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B. Survival of Terms and Provisions. All appropriate terms and provisions relating
to the restoration of the License Area affected hereby shall survive the expiration and/or
termination of this License, in addition to the survival of other terms stated herein to so survive.
Page 5 of 8
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C. Waivers. Notwithstanding anything herein to the contrary, no provision of this
License, no entry upon, use of the License Area by the Town, nor the Town's granting of any
rights or assumption of any obligations hereunder shall not waive, bar, diminish or in any way
affect: (i) any right of the Town to regulate or issue any order with respect to the affected
premises; (ii) waive any limitations on liability afforded a body politic of the Commonwealth of
Massachusetts; or (iii)the Town's ability to pursue any other claim, action, suit, damages or
demand related to this License. Nothing herein shall relieve Licensee of complying with local
bylaws, obtaining any necessary approvals, or result in waiving any fee or
D. Severabilitv. If any court determines any provision of this License to be invalid
or unenforceable,the remainder of this instrument shall not be affected and each provision of this
License shall be.valid and enforceable to the fullest extent permitted by law.
E. Governiniz Law. This License shall be governed by and construed in accordance
with the laws of the Commonwealth of Massachusetts, and any and all legal actions brought in
connection with this License shall be brought in courts within the Commonwealth of
Massachusetts.
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[signature page follows]
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In Witness Whereof,the parties hereto have caused this License Agreement to be
executed on this day of 2017.
TOWN OF BREWSTER,
By Its Board of Selectmen
LICENSEE:
Mark L. Houghton, Trustee
Mark L. Houghton Trust
572100,4/BREW/0129
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EXHIBIT A
Land Management Plan
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LAND MANAGEMENT PLAN
Houghton Residence
83 Cedar Hili Rd
Brewster MA
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September 30, 2016
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CRAWFORD LAND MANAGEMENT
E c o l o g i c a l R e s t o r a t i o n + C o n s e r v a t i o n P e r m i t t i n g
&NI 28 Black Watch Way 1 Mashpee, MA 02649 crawfordlm.com 508.477.1346
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PROJECT INTRODUCTION & GOALS
The property is located at 83 Cedar Hill Road in Brewster and is sits behind Paines Creek Beach, lying just East of
Stoney Brook.The resource areas on the property include a coastal bank and Flood zone VE (El. 15). A portion
of the property also falls within the 200' Riparian Boundary.The purpose of this Land Management Plan is to
provide information and guidelines for implementing a program to eradicate invasive species and restore
native plant communities in conjunction with the construction of a new home.The project will result in the
eradication of invasive species, the increase of native vegetative cover, and enhancement of the ecological
integrity of the property and those surrounding it.This project also proposes the restoration of Brewster town
land along both Cedar Hill Road below and along the Paines Creek beach parking area.
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EXISTING CONDITIONS
Currently on site is an existing single family dwelling with a deck and lawn area.
The Coastal Bank and upland in the buffer zone has a high concentration of state-listed invasive and non-
native species.The dominant species on the bank are Shrub honeysuckle (Lonicera morrowii/belia), vine
honeysuckle (Lonicera japonica), and Oriental bittersweet (Celastrus orbiculatus).The potential ecological
value for wildlife habitat is degraded and limited by the concentration of invasive species. With little to no
vegetative groundcover with fibrous root systems, exposed soils have greater erosion potential and less ability
to absorb stormwater for pollution prevention.
Many invasive/non-native shrub species, including Shrub honeysuckle, have shallow root systems while vining
species have even less.This condition, coupled with the intense shade these species create, makes it very
difficult for native ground covers, such as Little bluestem (Schizachyrium scoparium) to become established.
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Intact native plant communities on site are non-existent.A few native species are present, such as the two
Black cherry (Prunus serotina) at the top of the coastal bank, Northwest of the existing dwelling.They are
mature trees and appear to be mostly structurally sound. The pruning practices by the previous owner on the
coastal bank has resulted in vegetation with little or no structural integrity, which in turn provides less valuable
habitat.The few native species present, including Beachplum (Prunus maritima), Virgina rose (Rosa virginiana),
and Arrowwood viburnum (Viburnum dentatum) are generally leggy and structurally weak since they have
been crowded and over-grown by other invasive species for so long.
The naturalized area in the upland buffer zone has similar vegetative conditions with invasive species that wrap
around from the West to the East side of the property.The notable native exceptions are a Beachplum and an
Eastern red cedar (Juniperus virginiana) to the East of the existing dwelling.
NATIVE SPECIES OBSERVED (native to Barnstable County)
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Baccharis halimifolia Hightide bush
Carex pensylvanica Pennsylvania sedge
Deschampsia flexuosa Crinkle-hair grass
Juniperus virginiana Eastern Red Cedar
Morella pensylvanica Bayberry
Prunus maritima Beach plum
Prunus serotina Black cherry
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Rosa virginiana Virginia rose
Solidago spp. Goldenrod
Viburnum dentatum Arrowwood viburnum
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NON-NATIVE SPECIES OBSERVED
State-Listed Invasive Species:
Ampelopsis brevipedunculata Porcelain berry
Celastrus orbiculatus Oriental bittersweet
Elaeagnus umbelfata Autumn olive
Lonicera morrowfl/befla Shrub honeysuckle
Lonicera japonica Vine honeysuckle
Rosa polyantha Multi-flora rose i
Rosa rugosa Rugosa rose
Euphorbia cyparissias Cypress spurge
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Non-Native Species: I
Nolcus lanatus Velvet grass
Syringa vulgaris Common lilac
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Aggressive Species:
Toxicodendron radicans Poison ivy
Smilax rotundifolia Catbrier
Rubus spp. Brambles
Vitis labrusca Fox grape
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Allelopathic Shrub honeysuckle Bare soils lack a vegetative ground
preventing a vegetative ground cover cover, which leads to greater erosion
from becoming established. Photo and runoff potential. Photo taken on
taken on 9/3116 9/3/16
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Panoramic photograph from existing deck. Photo taken on9/3/l6
PROPOSED LAND MANAGEMENT ACTIVITIES
(refer tothe Restoration Plan for additional
information)
Removal ofall invasive, nnn-noiive' and aggressive
species will becompleted across the entire property
uswell usthe dedgnotedareas onTown land. Work
will becompleted using onintegrated management
approach. Mechanical removal will beimplemented
where U|sosuccessful management technique and
feasible. Remaining |nvodve/non-not|vevegetation
will betreated using oout-ond-wWpemethod and
removed byhand. All native shrubs|nthe project area
will remain |nplace. Some may beregeneratively
pruned, orpruned for health depending ontheir
structural condition after the removal ofthe invasive
and non-native species. For example, onative shrub
that has been reaching for sunlight through the |
|
invasive and non-native vegetation islikely to be
leggy and prone tobranch foUuve. Ashrub such os
this would either be flush cut to dense|ynexpnout or
cut back toviable branches orstalks toregenerate
and encourage oflush cfnew, healthy growth |nthe
spring.
Due to years of establishment, an invasive and non-
native seed bank exists in the soil. Once exposed to
more sunlight and less competition,this seed bank
will likely germinate. |tisimportant that unative
groundcoverofgrasses and fodzy is immediately
Photograph from Poines Creek parking |ot' photo seeded onany exposed soils tobecome quickly
established. /\groundcoverlayer helps suppress
token on Y/3/l6 germination ofundesirable species.After seeding,
both the bank and upland areas will beblanketed
with erosion control blankets.The blankets are staked |nplace with l2" hardwood stakes. ||islikely that no
sterilized chopped straw will be used on site, even for the flat areas, as the location is exposed to high winds.
The erosion control blankets are designed to last 15 months, and everything used on site is 100%biodegradable.
The two significant Black cherry frees at the fop of the coastal bank will remain. Invasive vines will be removed
from the trees and they will be pruned for health.Any dead, diseased, or structurally weak/crossing limbs will be
pruned byonISA Certified Arborist. This pruning will concentrate the new growth ofthe trees hothe remaining
In addition to the invasive and non-native species removal,the lawn edge will be moved further away from the
top of coastal bank.This area will be seeded and restored to Maritime Shrubland Community as well (refer to
Restoration Plan).
Stairs are proposed to be installed over the coastal bank, along the east side of the property. This stairway will
provide access from the property and a safe means of egress over the bank.The stairway will be above the
coastal bank in order to encourage the establishment of shade tolerant grasses underneath, to maintain soil
stability.
Once the project area has gone through one growing season of maintenance to ensure invasive species do
not resprout or newly germinate, the project area will be replanted (refer to Restoration Plan). Monitoring and
maintenance will be performed for a minimum of three growing seasons.
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RESTORATION TIMELINE
2016-2017 INITIAL WINTER I SPRING MANAGEMENT ACTIVITIES
1. Mechanically remove and treat target species using a cut and wipe method for all stems large
enough to treat;
2. Mechanically condition soil in project area to expose mineral soils,where feasible;
3, Seed all bare mineral soils to establish a native vegetative ground cover and reduce erosion
potential;
4. Install erosion control blankets to promote soil/seed contact, maintain soil moisture, and
reduce erosion potential before germination;
5. Rejuvenate native shrub species, if needed, by regenerative pruning;
6, Monitor property and, if necessary, perform an early spring maintenance treatment to suppress winter
annual weed species,
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2017-2019 SUMMER[FALL I WINTER MANAGEMENT ACTIVITIES '
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1. Perform maintenance herbicide treatments or hand weed invasive, non-native, or
aggressive species that have germinated from existing seed bank, or re-sprouted from roots j
after removal.
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RESTORATION PLANTINGS
1. Install restoration plantings &temporary irrigation system when target species populations have been
reduced approximately 80%, likely in fall 2017 or spring of 2018. Refer to Restoration Plan for species
list.
*Any shrub planting that doesn't survive will be replaced accordingly and areas of poor seed germination will
be over-seeded to establish a consistent vegetative ground cover.
MATERIALS
1. Heat-treated chopped straw (sterile)
2. 12-18 month erosion control blankets (100% biodegradable)
3. Hardwood stakes (100%biodegradable)
4. Garlon 4 Ultra - EPA Reg No 62719-527 i
5. Roundup PROMAX- EPA Reg No 524579
6. Native seed mixes custom blended by Ernst Conservation Seeds or provided by Colonial
Seed Company.
7. Restoration plantings-straight species, no cultivars
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HERBICIDE APPLICATION INFORMATION
All herbicide applications will be performed by a Massachusetts State-Licensed and insured pesticide
applicator proficient in plant identification, both in leaf and bare-twig. Herbicide applications will be either
selective spot treatments (low-volume foliar) or direct stem applications (cut and wipe). Using these methods of
application safeguards native and desired species from over-spray and minimizes the total volume of herbicide
needed to effectively manage the target species. Herbicides used will contain Triclopyr or Glyphosate as their
active ingredient.
ONGOING MAINTENANCE
1. Property will remain under active management to eradicate invasive & aggressive species
through hand weeding, low-volume foliar herbicide applications, and/or cut &wipe
treatments as necessary,
2. Newly established native grass areas may be periodically mown as a management strategy in lieu of
burning.
3. Prune shrubs &trees as necessary to maintain health and vigor (i.e. winter storm damage).
4.All restoration work &ongoing maintenance to be completed by a qualified contractor.
PERFORMANCE STANDARDS & INTERESTS
310 CMR 10,30: COASTAL BANKS
WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD
CONTROL BECAUSE IT SUPPLIES SEDIMENT TO COASTAL BEACHES, COASTAL DUNES OR BARRIER BEACHES, 310
CMR 10.30(3) through (5) SHALL APPLY:
CMR 10.30 (3) through (5) do not apply as the coastal bank does not supply sediment.
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WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD
CONTROL BECAUSE IT IS A VERTICAL BUFFER TO STORM WATERS, 310 CMR 10.30(6) through (8) SHALL APPLY:
(6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have
no adverse effects on the stability of the coastal bank.
Protective planting to reduce erosion and provide enhanced stabilization is proposed.
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(7) is not applicable.
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(8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will f
have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified
by procedures established under 310 CMR 10.37.
Not applicable. The project area is not within Estimated or Priority Habitat.
BREWSTER WETLAND REGULATIONS
2.05 COASTAL BANKS
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(3) Any activity which is allowed under a variance granted pursuant to Section 5,01 of these regulations
on a coastal bank or within 100 feet of a coastal bank shall comply with the following regulations:
(a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be
permitted on a coastal bank except that a coastal engineering structure may be permitted when
required, to prevent storm damage to buildings constructed prior to the effective date of these
regulations, or constructed pursuant to a Notice of Intent filed prior to the effective date of these
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regulations, including reconstructions of such buildings subsequent to the effective date of these
regulations, provided that the following requirements are met:
1. a coastal engineering structure or a modification thereto shall be designed and
constructed so as to minimize, using best available measures, adverse effects on
adjacent or nearby coastal beaches due to changes in wave action, and
N/A
2. the applicant demonstrates that no method of protecting the building other than the
proposed coastal engineering structure is feasible.
N/A
3. protective planting designed to reduce erosion may be permitted.
N/A
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(b) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other
than a structure permitted by Section 2.05 (3) (a), shall not have an adverse effect due to wave
action or the movement of sediment from the coastal bank to coastal beaches or land subject to
tidal action.
N/A
(c) The Permit and the Certificate of Compliance for any new building within 100 feet landward of the
top of a coastal bank permitted by the conservation commission under this By-law shall contain
the specific condition: Section 2.05 of the Wetlands Regulation, promulgated under the Brewster
Wetlands Protection By-law, requires that no coastal engineering structure, such as a bulkhead,
revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the
project allowed by this Permit.
N/A
When a coastal bank is determined to be significant to storm damage prevention or flood control because it is
a vertical buffer to storm waters, the following regulations shall apply:
d) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall
have no adverse effects on the stability of the coastal bank.
The proposed land management work will have no adverse impact on the coastal bank's stability as
H will improve the overall stability of the coastal bank.
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT (this "License") is entered into on this day of
2017, by and between the Town of Brewster (the "Town"), acting by and through
their Board of Selectmen, having an address of 2198 Main Street, Brewster, Massachusetts
02631, and Jonathon D. Rosenfeld and Arlene C. Feldmen ("Licensees"), having an address
of 10 Ben Arthurs Way, Dover, Massachusetts 02030,
WHEREAS, Licensees are the owner of land abutting the Town Property, located at 102
Cedar Hill Road, identified by the Assessors as Parcel ID 38-29, and described in a deed
recorded with said Deeds in Book 29714, Page 244 (the "Licensees Property");
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WHEREAS, the Town is the owner of a certain land located within the layout of the
eastern end of a public way formerly known as Robbins Hill Road (renamed as a portion of
Cedar Hill Road and including the vegetated eastern extent) in Brewster, Massachusetts, that
abuts the Licensees Property, which land consists of coastal wetlands and/or lies within 100 feet
of wetlands resources, is approximately shown on the "Site Plan"prepared by J.M. O'Reilly &
Associates, Inc., dated January 10, 2017, and attached hereto as Exhibit A (the "Town
Property');
WHEREAS, Licensee has prepared a Land Management Plan dated October 13, 2016,
prepared by Crawford Land Management, a copy of which is attached hereto as Exhibit B and
incorporated herein (the "Management Plan"), pursuant to which Licensee will remove invasive
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and non-native species on the coastal buffer area and plant native species in both the Town
Property and Licensee Property, and conduct such other work as is set forth in and in accordance
with the Management Plan. The Restoration Plan dated January 24, 2017, prepared by Crawford
Land Management and attached hereto as Exhibit C, shows approximately where the plant
species are to be removed and where the native species are to be placed across the Town
Property.
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WHEREAS, Licensees request the Town grant Licensees a license to enter and use a
portion of the Town Property for such purposes; and
WHEREAS, the Town is willing to allow the Licensees to use a portion the Town
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Property for such purposes;
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WHEREAS, the parties desire to set out the terms and conditions of Licensees' use of the I
Town Property; and
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NOW, THEREFORE, for good and valuable consideration,the parties wish to enter into
this License and agree as follows:
1. PERMITTED USE, PURPOSE, TERM, The Town hereby grants Licensees and
their contractors, agents, representatives, and employees a license to enter and use the portion or
portions of the Town Property that is shown on the Restoration Plan (the"License Area") for the
purpose of removing of invasive and non-native species from the coastal buffer area, planting
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native species, and undertaking such other work as set forth in the Management Plan (including,
without limitation, the inspection and maintenance requirements,the "Work") all at Licensees'
sole cost and expense and in accordance with the terms and conditions set forth below.
Licensees acknowledge and agree that the Town shall not have any obligation to pay for or
contribute toward the cost of the Work.
Such right of entry for the Permitted Use may be exercised from March 1, 2017 until
January 17, 2020 (as said date may be changed in accordance with this License, the"Expiration
Date"), unless extended or terminated in accordance herewith. Such right of entry and Permitted '€
Use shall be further limited by the provisions of Section 5. The Town may extend the term of E
this License for a period of one (1) year at a time (each an"Extension Term") upon written E
request therefor from Licensees at least thirty (3) days prior to the Termination Date, and, if
extended,prior to the expiration of the then-applicable Extension Term. Consent to such
extension shall not be unreasonably withheld provided Licensees are undertaking the Work with
the diligence and effort required herein and in compliance with the other terms hereof.
2. CONDITION OF THE PREMISES. Licensees accept the License Area in its "as
is" condition for the purpose of this License, and acknowledges and agrees that the Town has
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made no representations or warranties regarding the fitness of the License Area or its suitability
for the Work. Nothing in this License shall be construed as requiring the Town to maintain the
License Area during the term of this License in any manner.
3. LICENSEES' CONDUCT. During the exercise of the rights hereby granted,
Licensees shall not interfere unreasonably with the Town's use of the License Area, shall
observe and obey directives of the Town, and shall comply with all applicable laws (including,
without limitation, the Wetlands Laws), and other statutes, rules, regulations and permitting
and/or licensing requirements (collectively, the "Legal Requirements"). Licensees shall not
undertake any activity or work within the Town Property inconsistent with the Legal
Requirements or the Restoration Plan, and shall repair and/or remediate any damage or harm
caused by Licensees to the License Area, which This obligation shall survive the expiration or
termination of this License.
4. WORK. The Licensees shall commence the Work and pursue its completion
using commercially diligent and good faith efforts. Licensees shall not make any other
alterations to the License Area without the Town's prior written consent, which may be withheld
in its sole discretion. Licensee shall not amend the Management Plan or the Restoration Plan, or
undertake any work or another activity on the License Area not permitted therein, unless
Licensees have obtained the prior written consent of the Conservation Commission and provided
a copy thereof to the Board of Selectmen.
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Licensees shall procure all necessary permits before undertaking the Work, and cause all
the Work to be performed in a good and workmanlike manner in compliance with applicable
Legal Requirements.
Licensees shall not permit any mechanics' liens or similar liens to remain upon the
Licensed Area and/or the Town Property for labor and material furnished to Licensees or
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claimed to have been furnished to Licensees in connection with work of any character performed
or claimed to have been performed at the direction of Licensees, and Licensees shall cause any
such lien to be released of record forthwith without cost to the Town. All laborers and
materialmen furnishing labor and materials for the Work shall release the Town from any and all
liability.
Licensees may bring such equipment upon the License Area as would ordinarily be used
to undertake the Work, but Licensees shall not use motor vehicles on or store any equipment or
materials within the License Area without the Town's prior written consent. Licensees shall be
responsible for the security of its equipment and materials and the condition of the License Area.
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Licensees shall inform the Town at least fouileen (14) days prior to the completion of the j
Work so that the Conservation Commission may inspect the same and assess compliance with
the terms hereof. The Town shall have no obligation to undertake any work or maintain the
License Area.
Theprovisions of this Section shall survive the expiration or termination of this License.
5. INDEMNIFICATION AND RELEASE. Licensees shall defend, indemnify, and
hold harmless the Town from and against any and all claims, demands, suits, actions, costs,
judgments, whatsoever, including reasonable attorneys' fees, which may be imposed upon,
incurred by, or asserted against the Town by reason of(a) any failure on the part of Licensees to
comply with any provision or term required to be performed or complied with by Licensees
under this License, (b) for the death, injury or property damage suffered by any person in or
around the Town Property relating in any way to Licensee's exercise of their rights under this
License and/or any act, failure to act, negligence or intentional misconduct of Licensees, their
contractors, agents, representatives, employees, invitees and/or permittees (with Licensees, the !
"Licensees Parties"), (c) the release, emission, storage or maintenance by Licensees or any of the
other Licensees Parties of any toxic or hazardous waste or materials,pollutants, or substances,
including without limitation, asbestos, PCBs, petroleum products and byproducts, substances
defined or listed as "hazardous substances" or "toxic substances" or"hazardous waste "or
"hazardous material", as those terms are defined by any applicable laws, rules or regulations; or I
(d) any defect in the Work or failure to undertake the Work in compliance with the Restoration
Plan or the Legal Requirements.
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Licensees hereby release the Town, its employees, officers, agents, board members, and
attorneys from any claims, actions, rights of action, causes of action, damages, costs, loss of
services, expenses, compensation, attorneys' fees or other liability or responsibility for 3
Licensees' losses or damages related to the condition of the License Area, and Licensees agree 3
and covenant that they shall not assert or bring, nor cause any third-party to assert or bring, any 1
claim, demand, lawsuit or cause of action against the Town, including, without limitation, claims
for property damages, diminution in property value claims, personal injury or death damages and
any other damages relating to, or arising from, Licensees' use of the License Area.
The provisions of this Section shall survive the expiration or termination of this License.
Page 3 of 10
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6. INSURANCE: BOND. Licensees shall maintain public liability insurance,
including coverage for bodily injury, wrongful death and property damage, in the minimum
amount set forth herein to support the obligations of Licensees under the terms of this License to
indemnify, defend and hold harmless the Town: General Liability: $1,000,000 per occurrence;
Bodily Injury Liability: $500,000 per occurrence; and Property Damage Liability or a combined
single limit of$2,000,000 annual aggregate limit.
Prior to entering upon the License Area, and at such other times as the Town may
reasonably request, Licensees shall provide the Town with a certificate of insurance in each case
indicating the Town is an additional insured on the policy and showing compliance with the
foregoing provisions. Licensees shall require the insurer to give at least thirty (30) days' written
notice of termination, reduction or cancellation of the policy to the Town. The insurance
coverage required hereunder shall be placed with insurance companies licensed by the E
Massachusetts Division of Insurance to do business in Massachusetts and have a Best's rating of
A or better.
Licensees or Licensees' contractors shall maintain worker's compensation insurance as
required by law. Licensees agree that any contractor performing work on its behalf shall carry
liability insurance and automobile liability insurance in amounts reasonably acceptable to the
Town and shall name the Town as an additional insured party, Prior to the commencement of
any work within the License Area, Licensees shall provide Town with a copy of the contractor's
insurance certificate indicating liability insurance coverage as herein specified, and copies of any
permits necessary or obtained to conduct the Work.
To the extent possible, Licensees shall obtain, for each policy of insurance secured by it,
provisions permitting waiver of any claims against the Town for loss or damage within the scope
of the insurance, and Licensee, for itself and its insurers, waives all claims against the Town as to
such claims covered by such insurance.
Prior to the commencement of any Work, Licensee shall provide the Town with a f
performance bond in the amount of$2,000, provided by a recognized institutional surety to
secure the proper performance of the Work, in an amount and with a surety reasonably
acceptable to the Town and sufficient to support the obligations of Licensees hereunder to
undertake and complete the Work and to restore the License Area to the condition required
herein. Licensees will provide the Town with the bond naming the Town as secured party, and
evidencing that the bond is in force and that such bond shall not be canceled, reduced, or
materially changed without giving the Town at least thirty (30) days written notice. Such bond
shall be maintained for a period of one (1) year from the date on which the Work has been fully
completed. If any alterations, repairs or other work is required during said one-year period, or in
the event that the Work has not: commenced within six (6) months from the commencement date 1
of this License, been undertaken with due diligence, and/or completed by the Expiration Date,
the Town shall have the right to use the bond proceeds to undertake and complete the Work on
the Town Property and restore the License Area and any affected Town Property, at its sole
discretion. The provisions hereof shall survive the expiration and/or termination of this License.
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7. RISK OF LOSS. Licensees agree that they shall use and occupy the Town
Property, including the License Area, at its own risk, and the Town, its agents, employees,
representatives, officers, agents, board members and attorneys shall not be liable to Licensees for
any injury or death to persons or loss or damage to vehicles, equipment or other personal
property of any nature whatsoever of Licensees, or of anyone claiming by or through Licensees,
that are brought upon the License Area/Town Property pursuant to the License, except if such
injury, death, loss or damages is caused directly and solely by the negligence of the Town, or its
employees, agents or contractors.
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8. TERMINATION and REVOCATION. This License may be revoked by either
party upon written notice of revocation provided to the other at least thirty (30) days prior to the
termination date stated in said notice, provided however that if the Town revokes or terminates
this License because of Licensee's failure to comply with its obligations hereunder, including the
requirement to cant' insurance, the Town may terminate this License by giving Licensees at least
forty-eight(48)hours prior written notice thereof.
Upon the expiration or termination of this License, Licensees shall, at the Town's request
and at Licensees' sole expense, restore and/or repair the License Area/Town Property to such
4
condition as it was in prior to Licensees' disturbance thereof within ten (10) from the termination
or expiration date. This obligation shall survive the expiration/tennination of this License.
9. RIGHTS OF THE TOWN TO ENTER. The Town has the right to enter upon the
License Area at any time for any and all purposes, at the Town's sole discretion, and Licensees
shall not interfere unreasonably therewith.
10. NOTICE. For purposes of this License,the parties shall be deemed duly notified
in accordance with the terms and provisions hereof, if written notices are hand-delivered, sent by
registered or certified mail, return receipt requested, sent by recognized overnight mail, or sent
by confirmed facsimile transmission, to the addresses set forth above, or to such other addresses
as may from time to time hereafter be designated by the parties by like notice
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11. ASSIGNMENT, TRANSFER. Licensees acknowledge that this License is
personal to Licensees and Licensees shall not assign or otherwise transfer this License or
their rights hereunder without the Town's prior written consent, which may be withheld in
its sole and absolute discretion.
12. MISCELLANEOUS.
A. No Estate Created. This License shall not be construed as creating or vesting in
Licensees any estate in the License Area, but only the limited right of use as hereinabove stated.
B. Survival of Terms and Provisions. All appropriate terms and provisions relating
to the restoration of the License Area affected hereby shall survive the expiration and/or
termination of this License, in addition to the survival of other terms stated herein to so survive.
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C. Waivers. Notwithstanding anything herein to the contrary, no provision of this
License, no entry upon, use of the License Area by the Town, nor the Town's granting of any
rights or assumption of any obligations hereunder shall not waive, bar, diminish or in any way
affect: (i) any right of the Town to regulate or issue any order with respect to the affected
premises; (ii) waive any limitations on liability afforded a body politic of the Commonwealth of
Massachusetts; or (iii) the Town's ability to pursue any other claim, action, suit, damages or
demand related to this License. Nothing herein shall relieve Licensees of complying with local
bylaws, obtaining any necessary approvals, or result in waiving any fee.
D. Severability. If any court determines any provision of this License to be invalid
or unenforceable, the remainder of this instrument shall not be affected and each provision of this
License shall be valid and enforceable to the fullest extent permitted by law.
E. Governing Law. This License shall be governed by and construed in accordance
with the laws of the Commonwealth of Massachusetts, and any and all legal actions brought in
connection with this License shall be brought in courts within the Commonwealth of
Massachusetts.
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In Witness Whereof, the parties hereto have caused this License Agreement to be
executed on this day of 2017.
TOWN OF BREWSTER,
By Their Board of Selectmen
31
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LICENSEES:
Jonathon D. Rosenfeld
Arlene C. Feldmen
5721061BREW/0129
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EXHIBIT B
[Restoration Plan by Crawford Land Management]
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LAND MANAGEMENT PLAN
Paines Greek Residence
102 Cedar Hill Rd
Brewster MA
October 13, 2016
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-�, CRAWFORD LAND MANAGEMENT
E c o l o g i c a l R e s t o r a t i o n + C o n s e r v a t i o n P e r m i t t i n g
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28 Black Watch Way I Mashpee, MA 02649 1 crawfordlm,com l 508.477.1346
PROJECT INTRODUCTION &GOALS
The property is located at 102 Cedar Hill Road in Brewster and sits behind Paines Creek Beach, lying North of
Freemans Pond.The resource areas on the property include a coastal bank and flood zone AE (El. 13).About
half the property also falls within the 200' Riparian Boundary,The purpose of this Land Management Plan is
to provide information and guidelines for implementing a program to eradicate invasive species and restore
native plant communities in conjunction with the construction of a new home.The project will result in the
eradication of invasive species, the increase of native vegetative cover, and enhancement of the ecological
integrity of the property and those surrounding it.This project also proposes the restoration of Brewster Town
land, twenty feet beyond the property line.
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... .... ...
CAPE COD BAY PROJECT
LOCATION
IMAGE FROM
(GOOGLE EARTH 2016)
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'1102 CEDAILL ROAD i
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EXISTING CONDITIONS
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Currently on site is an existing single family dwelling with a deck, shed, driveway and lawn area.The perimeter
of the property is vegetated with mostly invasive and non-native species.
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The Coastal Bank to the North of the existing dwelling is covered in state-listed invasive and non-native species.
The dominant species on the bank are Shrub honeysuckle (Lonicera morrowii/beRa), Vine honeysuckle
(Lonicera japonica), and Oriental bittersweet (Celastrus orbiculatus).Aggressive species are preventing
native plant communities from becoming established due to the intense competition for limited resources.The
dominant aggressive species on site is Fox grape (Vitis labrasca).This species has created a blanket over other
vegetation covering the coastal bank.
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Soils are susceptible to erosion as there is little native vegetative ground cover with fibrous root systems holding
soils in place underneath the existing mat of invasive and non-native vegetation. Many invasive/non-native
shrub species, including Shrub honeysuckle, also have shallow root systems while vining species have even less.
The mat of invasives coupled with the shade conditions they create does not allow for native shrubs, fortis, or
grasses to become established on the coastal bank.
In addition to the coastal bank, other naturalized areas in the buffer zone are also highly degraded by the high
concentration of invasive species and provide relativity little of its potential ecological value as wildlife habitat
and soil stability to reduce erosion potential and pollution prevention.
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Invasive and non-native species on Bare soils on coastal bank underneath Shrub
the coastal bank looking up towards honeysuckle prone to erosion. Photo taken
the large Black cherry trees. Photo 10/6/16
taken 9/26/16 1
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Intact native plant communities on site are non-existent. A few significant native species are present, such
as the three Black cherry (Prunus serotina) at the top of the Coastal Bank.They are large mature trees, but
currently are "overextended" as most of the weight of the trees is on the outer most limbs, making the trees
limbs and branches prone to failure.
As it exists today, there are views North to the salt marsh and of Cape Cod Bay, and filtered views to the South
toward Freemans Pond.There are other native species on site including Virgina rose, Viburnum, and Bayberry
that exist in low concentrations, mostly along the East and South sides of the property.
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NATIVE SPECIES OBSERVED (native to Barnstable County)
Baccharis halimifolia Hightide bush
Carex pensylvanica Pennsylvania sedge
Deschampsio flexuoso Crinkle-hair grass
Juniperus virginiana Eastern Red Cedar
Morella pensylvanica Bayberry
Ponicum virgatum Switch grass
Prunus maritima Beach plum
Prunus serotina Black cherry
Rosa virginiana Virginia rose
Solidago spp. Goldenrod
Viburnum dentatum Arrowwood viburnum
NON-NATIVE SPECIES OBSERVED
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State-Listed Invasive Species:
Ampelopsis brevipedunculata Porcelain berry
Celastrus orbiculatus Oriental bittersweet
Elaeagnus umbellata Autumn olive
Lonicera morrowii/belia Shrub honeysuckle
Lonicera japonica Vine honeysuckle
Rosa multiflora Multi-flora rose
Non-Native Species:
Holcus lanatus Velvet grass
Prunus avium Sweet cherry
Syringa vulgaris Common lilac
Aggressive Species:
Toxicodendron radicans Poison ivy
Smilax rotundifolia Cotbrier
Rubus spp. Brambles
Vitis labrusca Fox grape
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PROPOSED LAND MANAGEMENT ACTIVITIES
(refer to the Restoration Plan for additional information) 4
Removal of all invasive, non-native, and aggressive species will be completed across the entire property as well
as the designated areas on Town land. Work will be completed using an integrated management approach,
Mechanical removal will be implemented where it is a successful management technique. Where mechanical s
removal is not deemed as a successful management technique a cut-and-wipe treatment will be performed.
Due to years of being overgrown and highly invaded, an invasive and non-native seed bank exists in the soil.
Once exposed to more sunlight and less competition, this seed bank will likely germinate. It is important that
a native groundcover of grasses and (orbs is immediately seeded on any exposed soils to become quickly
established.A groundcover layer helps suppress germination of the invasive and non-native seed. Monitoring i
and maintenance will be performed for a minimum of three growing seasons, j
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After the initial treatment and removal, the project site will be seeded with a custom native seed mix (refer
to Restoration Plan). All native shrubs on, above, and below the coastal bank in the project area will remain
in place, Some may be regeneratively pruned, or pruned for health depending on their structural condition
after the removal of the invasive and non-native species. For example, a native shrub that has been reaching
for sunlight through the invasive and non-native vegetation is likely to be leggy and prone to branch failure.
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A shrub such as this would either be flush cut to densely resprout, or cut back to viable branches or stalks to
regenerate and encourage a flush of new, healthy growth in the spring.
The Black cherry East of the existing dwelling is proposed for removal due to the heavy lean and growth
characteristics of the tree.This tree's base starts just outside the current lawn edge, but grows laterally toward
the current dwelling. When the new dwelling is constructed this tree poses a problem as it extends into the limit
of work.The Black cherry does not have any other leaders to prune back to,which is the reason for removal.
Three Eastern red cedar will be planted in its stead.
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Three dead trees are proposed for removal.The first is a completely dead Black oak located at the bottom h
of the coastal bank.The other two are Eastern red cedar trees located just outside the lawn area and are
approximately 90%dead as they currently exist.
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The three significant Black cherry trees at the top of the coastal bank area are proposed to be pruned for both
health and weight reduction on the outer most limbs and branches.The trees are currently overextended in I
terms of the canopy weight and lean of the trees.The proposed pruning will result in weight reduction of the
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PROPC
CORNI
NEW D
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Dead Black oak to be removed at bottom
of coastal bank. Photo taken 10/6/16 leaning Black cherry to be removed due to �
proximity to the corner of thenew dwelling.
Three Eastern red cedar trees are proposed as
replacement. Photo taken 9/26/16
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outermost limbs and branches which,will reduce the risk for limb or branch failure in the future.All pruning will
be completed by an ISA Certified Arborist.
The lawn area will be reduced at the Northeast corner and South edges,resulting in a decrease of
approximately 480 sf of lawn. Both these areas will be revegetated and restored as Maritime Shrubland
Communities (refer to Restoration Plan).
In addition to the reduction of lawn to the North is the rest of the required mitigation which is approximately 744
sf, and is located mostly on the coastal bank.This area contains the highest invasive and non-native species
concentrations and will require the most restoration planting.The area will be restored to a Maritime Shrubland
Community with small pockets of grasses and (orbs.
Along the West side of the driveway, the area will be restored to native plantings that will form a screen
between the neighboring property. An additional three Eastern red cedar are proposed to be planted on the
Southwest side of the property.The South side of the property will also be restored to a Maritime Shrubland
Community with pockets of native grasses and forbs.
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RESTORATION TIMELINE
2016-2017 INITIAL WINTER SPRING MANAGEMENT ACTIVITIES
1. Mechanically remove and treat target species using a cut and wipe method for all stems large
enough to treat;
2. Mechanically condition soil in project area to expose mineral soils, where feasible;
3. Seed all bare mineral soils to establish a native vegetative ground cover and reduce erosion
potential;
4. Install erosion control blankets to promote soil/seed contact, maintain soil moisture, and
reduce erosion potential before germination;
5. Rejuvenate native shrub species, if needed, by regenerative pruning;
6. Monitor property and, if necessary, perform an early spring maintenance treatment to suppress winter
annual weed,species.
2017-2019 SUMMER I FALL I WINTER MANAGEMENT ACTIVITIES
1. Perform maintenance herbicide treatments or hand weed invasive, non-native, or
aggressive species that have germinated from existing seed bank, or re-sprouted from roofs i
after removal.
RESTORATION PLANTINGS
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1. Install restoration plantings &temporary irrigation system when target species populations
have been reduced approximately 80%, likely in fall 2017 or spring of 2018. Refer to Restoration Plan
for species list.
* Any shrub planting that doesn't survive will be replaced accordingly and areas of poor seed germination will
be over-seeded to establish a consistent vegetative ground cover.
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ONGOING MAINTENANCE
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1.Approved view will be maintained annually by selective removal of seedling trees.
2. Property will remain under active management to eradicate invasive & aggressive species
through hand weeding, low-volume foliar herbicide applications, and/or cut &wipe I
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treatments as necessary.
3. Existing grass areas may be periodically mown as a management strategy in lieu of burning,
4. Prune shrubs &trees as necessary to maintain health and vigor (i.e.winter storm damage),
5. All restoration work& ongoing maintenance to be completed by a qualified contractor.
MAINTENANCE-2017-2019
1. Monitor restoration area and perform maintenance herbicide treatments (cut$$ Wipe and/
or low-volume selective foliar) or hand weed invasive, non-native, aggressive species that have
germinated from existing seed bank, or re-sprouted following initial treatment and removal. Site will
be monitored and maintained throughout the year for both cool season and warm season invasive,
non- native, and aggressive species.
2. Mow/cut cool season grasses in June to encourage establishment of warm-season grasses, if
necessary,
3. Prune dead, diseased, broken or structurally weak plants when necessary.
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MATERIALS
1. Heat-treated chopped straw (sterile)
2. 12-18 month erosion control blankets (100% biodegradable)
3. Hardwood stakes (100% biodegradable)
4. Garlon 4 Ultra - EPA Reg No 62719-527
5. RoundUp PROMAX-EPA Reg No 524-579
6. Native seed mixes custom blended by Ernst Conservation Seeds or provided by Colonial
Seed Company.
7. Restoration plantings-straight species, no cultivars
HERBICIDE APPLICATION INFORMATION
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All herbicide applications will be performed by a Massachusetts State-Licensed and insured pesticide
applicator proficient in plant identification, both in leaf and bare-twig. Herbicide applications will be either
selective spot treatments (low-volume foliar) or direct stem applications (cut and wipe). Using these methods of
application safeguards native and desired species from over-spray and minimizes the total volume of herbicide
needed to effectively manage the target species. Herbicides used will contain Triclopyr or Glyphosate as their
active ingredient.
Triclopyr is a selective herbicide and will be utilized for most invasive and aggressive broad leaved target
species to ensure that native grasses are not damaged. Glyphosate will be used to manage vine and
shrub honeysuckle as Triclopyr has been observed to have little or no effect.The highly selective herbicide
applications will neutralize root materials left in the soil and inhibit new growth. Continual monitoring,
maintenance treatments, and hand weeding will be ongoing.
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PERFORMANCE STANDARDS & INTERESTS
310 CMR 10.30: COASTAL BANKS
WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD
CONTROL BECAUSE IT SUPPLIES SEDIMENT TO COASTAL BEACHES, COASTAL DUNES OR BARRIER BEACHES, 310
CMR 10.30(3) through (5) SHALL APPLY:
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CMR 10.30 (3) through (5) do not apply as the coastal bank does not supply sediment. 1
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WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD
CONTROL BECAUSE IT IS A VERTICAL BUFFER TO STORM WATERS, 310 CMR 10.30(6) through (8) SHALL APPLY:
(6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have
no adverse effects on the stability of the coastal bank.
Protective planting to reduce erosion and provide enhanced stabilization is proposed.
(7) is not applicable.
(8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will
have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified
by procedures established under 310 CMR 10.37.
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Not applicable. The project area is not within Estimated or Priority Habitat.
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BREWSTER WETLAND REGULATIONS
2.05 COASTAL BANKS
(3) Any activity which is allowed under a variance granted pursuant to Section 5.01 of these regulations
on a coastal bank or within 100 feet of a coastal bank shall comply with the following regulations:
(a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be
permitted on a coastal bank except that a coastal engineering structure may be permitted when
required,to prevent storm damage to buildings constructed prior to the effective date of these
regulations, or constructed pursuant to a Notice of Intent filed prior to the effective date of these
regulations, including reconstructions of such buildings subsequent to the effective date of these
regulations, provided that the following requirements are met: !
1. a coastal engineering structure or a modification thereto shall be designed and
constructed so as to minimize, using best available measures, adverse effects on
adjacent or nearby coastal beaches due to changes in wave action, and
NIA
2. the applicant demonstrates that no method of protecting the building other than the
proposed coastal engineering structure is feasible.
NIA
3, protective planting designed to reduce erosion may be permitted.
NIA
(b) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other
than a structure permitted by Section 2.05 (3) (a), shall not have an adverse effect due to wave
action or the movement of sediment from the coastal bank to coastal beaches or land subject to
tidal action.
NIA
(c) The Permit and the Certificate of Compliance for any new building within 100 feet landward of the
top of a coastal bank permitted by the conservation commission under this By-law shall contain
the specific condition: Section 2.05 of the Wetlands Regulation, promulgated under the Brewster
Wetlands Protection By-law, requires that no coastal engineering structure, such as a bulkhead,
revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the
project allowed by this Permit.
NIA
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When a coastal bank is determined to be significant to storm damage prevention or flood control because it is
a vertical buffer to storm waters, the following regulations shall apply:
3
d) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall
have no adverse effects on the stability of the coastal bank.
The proposed land management work will have no adverse impact on the coastal bank's stability as
H will improve the overall stability of the coastal bank.
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FYI ITEMS (MAIL) JANUARY 30, 2017
A. Meals on Wheels first half FYI 7 report
B. January 3, 2017 Conservation Commission meeting minutes
C, Real Estate Reminder report
D. Lower Cape Outreach Council 2"' quarter report
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FYI—JANUARY 30, 2017
Page 1 of 1
Brewster Nutrition Program
First Half of FY 2017
Average Cost
8.92 per meal
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July 1,2016 to December 31, 2016
Home Reimbursement State,
Delivered Congregate Total from Federal, &
Meals Meals Meal Town of E.S.C.C.I.
Served Served Cost Brewster Cost
July 629 163 $ 7,064.64 708.33 $ 6,356.31
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August 732 163 $ 7,983.40 708.33 $ 7,275.07
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September 649 176 $ 7,359.00 708.33 $ 6,650.67
October 611 167 $ 6,939.76 708.33 $ 6,231.43
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November 618 156 $ 6,904.08 708.33 $ 6,195.75
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December 573 176 $ 6,681.08 708.35 $ 5,972.73
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Total 3812 1001 $ 42,931.96 $ 4,250.00 $ 38,681.96 E
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Brewster Conservation Commission Minutes—Meeting Under
Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act
Massachusetts General Law Chapter 139, Section 40,
Wetlands Protection Act (WPA), 310 CMR 10.00 Regulations
Massachusetts Department of Environmental Protection (MA DEP)
(M.G.L. C.131. § 40)
And
Code of the Town of Brewster Chapter 172,
Brewster Wetlands Protection Bylaw(BWP Bylaw)
Wetland Regulations 1.01 --9,15
Call to Order
Chairman Michael Tobin convened the Tuesday, January 3, 2017 meeting of the Brewster
Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster,
MA,
Present
Chairman Michael Tobin, Vice Chairman Hayley Winfield, Commissioners Bruce Evans, William
Klein, Peter Wells, Conservation Administrator Noelle Bramer, Natural Resources Director Chris
Miller, Department Assistant Carol Spade
Not Present
Commissioner Nicole Smith
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Chairman Tobin read the following into the record:
"As required by the Massachusetts Open Meeting Law, the Conservation i
Commission is informing the public that this meeting will be audio and video"
recorded. Anyone else intending to record is required to Inform the Chairman
prior to the meeting."
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Public Hearings
Notices of Intent
(Continued Hearing)Jonathan Rosenfeld and Arlene Feldman request variances from the BWP By-
law,to(demolish and) reconstruct a new,enlarged dwelling with terrace, and construct a garage and
storage area and sewage disposal system less than 50 feet of both coastal and inland resource
areas and within the DEP regulated 200 Riverrront Area; and to remove invasive plant species—on i
102 Cedar Hill Road, Assessors Map 38, Parcel 29(formerly 214). i
Eligible voters: Evans, Klein, Smith,Tobin,Wells,Winfield Hearing opened November 1, 2016
(testimony taken), continued to November 22 (testimony taken), December 6 (testimony taken).
John O'Reilly, J. M. O'Reilly, Inc., project representative, attended, and requested the
Commission continue the above referenced hearing to January 17, 2017, so that the project can
be heard before a full voting Commission. Hayley Winfield moved, William Klein seconded the
motion to continue the hearing to January 17, 2017. The Commission approved the motion
unanimously.
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(Continued Hearing) Ming and Jennie Lee propose to demolish an existing cottage and construct a
new dwelling and garage. The activity, including tree, shrub and other vegetation removal and
planting with native plants, Is proposed to be in and within 50 feet of coastal resource areas
(variance from the Brewster Wetlands Protection Bylaw).On 336 Robbins Hill Road, Assessors' Map
38, Parcel 77(formerly 213).
Eligible voters: Evans, Klein, Smith,Tobin,Wells,Winfield Hearing opened November 22, 2016 (no
testimony taken), December 6 (testimony taken). i
The project proponent submitted a written request to continue the above referenced hearing to
January 17, 2017. Hayley Winfield moved, William Klein seconded the motion to continue the
hearing to January 17, 2017, The Commission approved the motion unanimously.
Brewster Conservation Commission Minutes January 3, 2017 1
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(Continued Hearing) Ming and Jennie Lee request to nourish with on-site sand, construct staked
double layer blankets of coir(experimental in Cape Cod Bay)and,.plant native vegetation, and
construct a sand drift fence in coastal resource areas(variance from the Brewster Wetlands
Protection Bylaw). On 336 Robbins Hill Road,Assessors' Map 38, Parcel 77 (formerly 213).
Eligible voters: Evans, Klein, Smith,Tobin,Wells,Winfield Hearing opened November 22, 2016(no
testimony taken), December 6(testimony taken).
The project proponent submitted a written request to continue the above referenced hearing to
January 17, 2017. Hayley Winfield moved, William Klein seconded the motion to continue the
hearing to January 17, 2017. The Commission approved the motion unanimously.
(Continued Hearing)Mark L. Houghton requests variances from the BWP By-law,to (demolish and)
reconstruct a new dwelling, install a coastal stairway and remove invasive plant species in and
within 50 feet of coastal resource areas and in the DEP regulated 200 foot Riverfront Area-on 83
Cedar Hill Road,Assessors Map 38, Parcel 27(formerly 2138).
Eligible voters: Evans, Klein, Tobin,Wells,Winfield Hearing opened November 1,2016 (testimony
taken),continued to November 22(testimony taken),�December 6 (no testimony), December 20
(testimony taken).
The Conservation Commission continued the last testimonial hearing, December 20, to allow the
Conservation Commission time to review in the field, the area of the proposal for a coastal
stairway on town property, and to allow the Conservation Administrator to draft findings and
special conditions for an Order of Conditions, should the Conservation Commission approve the
project.
Summary of Applicant Testimony
David Lyttle, PLS, Ryder and Wilcox, Inc., and Angela Tanner, Jenick Studio Landscape
Architecture, represented the applicant. Submitting copies of a site plan*, Mr. Lyttle explained that
(as shown on the plan) the owner has agreed to eliminate the pathway on the town property.
Summary of Public Comments
The public had no comment.
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Following review of draft special conditions for the project, Hayley Winfield moved, William Klein
seconded the motion to close the hearing, approve the project with findings and special conditions
amended as discussed with the representatives at this time, and issue an Order of Conditions. The
Commission unanimously approved the motion. Eligible voters:Bruce Evans, William Klein,Peter
Wells,Hayley Winfield,Michael Tobin(5-0)
*List of documents submitted for the Notice of Intent and discussed at this hearing: 1
1. site plan Showing Proposed Dwelling,83 Cedar Hill Road,rev.11/29/16(received at hearing of January 3,
2017)
(Continued Hearing)Cape Cod Sea Camps/Camp Wono, Inc., requests to amend Order of Conditions
SE 9-1504 to increase the dimensions of sand drift fence, nourish the beach on an as needed basis,
and maintain two access ways, etc. -on 3057 Main Street, Assessors' Map 101, Parcel 45 (formerly
8/8).
Eligible voters: Evans, Klein,Wells,Winfield Hearing opened December 20,2016 (testimony taken)
Jay Norton, Coastal Engineering, Inc., submitted a statement in writing to the Commission that as
representative for the owner, the applicant accepts the proposed findings and special conditions
of the Conservation Commission for this project under the WPA and BWP By-law.
Having reviewed the draft special conditions for the project, Hayley Winfield moved, William Klein
seconded the motion to close the hearing, approve the project with findings and special conditions,
and issue an Amended Order of Conditions. The Commission unanimously approved the
motion. Eligible voters:Bruce Evans, William Klein,Peter Wells,Hayley Winfield,Michael Tobin(5-0)
Brewster Conservation Commission Minutes January 3, 2017 2 j
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Sears Point Condominium Associations proposes to amend Order of Conditions SE 9-
1640 for construction of a rock revetment on and within 50 feet of coastal resources -to
change the project equipment and material access to the western area of the coastal bank
on the subject property. Property is on Sears Point Drive, Assessor's Map 57, Parcel 3
(formerly 4111).***See Report of the Conservation Administrator(below)
Catherine Ricks, PE, Coastal Engineering, Inc., attended as representative for the owner.
Following discussion for clarification on the potential for adding more sand than proposed, Hayley
Winfield moved, William Klein seconded the motion to close the hearing, approve the project with
findings and amended special conditions and issue an Amended Order of Conditions. The
Commission unanimously approved the motion. Eligible voters:Bruce Evans, William
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Klein, Peter Wells, Hayley Winfield, Michael Tobin (5-0)
Annmarie D.Galli requests a variance from the Brewster Wetlands Protection Bylaw to construct an
approximate 28 foot long,4 foot wide seasonal dock connected to an existing 12+ foot long ramp, In
the waters of Long Pond. Property Is on 323 Hamilton Cartway, Assessors' Map 81, Parcel 2
(formerly 47183-3).
The project is located on the MA Natural Heritage and Endangered Species Map*as an area of
rare plant and wildlife habitat and rare wetlands wildlife.*
Summary of Applicant Testimony
Catherine Ricks, represented the applicant. She described the resource area and project as
contained in the Notice of Intent, narrative, variance request and displayed plan*.
Throughout the course of discussion, Ms. Ricks maintained the proposed dock is essentially 28
feet in length, as the 12 foot ramp is existing and separate from the dock, and that the proposed
length is necessary to achieve the water levels required under the BWP Regulations.
Summary of Staff Comments
Ms. Bramer referenced the BWP Regulations, for the Commission's review, as follows:
Part IX. Docks and Piers [Amended November 12, 20131
9.02 Definition: For the purpose of this regulation,the word, "dock"shall include any
portion of the structure, including, but not limited to ramp, deck, pier,and/or floats.
9.03 Permitting: An average water depth and average edge of water shall be estimated using
documented water level data from the previous three years during the months of June f
through August...
9.05 Permitted dimensions: up to 25 feet in overall length from the edge of the bordering
vegetated wetland or top of bank,whichever is closer to the pond. No dock shall exceed an
overall width of 4 feet.
The maximum square footage of any dock shall not exceed 100 square feet. Docks shall be
elevated a minimum of 3 feet over the bank or vegetated wetland... Orientation of the dock
should be North/South wherever possible to allow the penetration of sunlight under the
structure... 1
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9.06 Required depth below watercrafts:A minimum of 1-foot must be maintained between
pond bottom and the lowest point of any proposed watercraft. Docks should be designed to
allow for a minimum 1-foot of distance between the watercraft and the bottom during
average water depth.
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Provisions should be made for mooring vessels away from docks at times of low water.
Docks should achieve a terminal depth of 2.5 feet at the above mentioned average water
depth within 25 feet from the average edge of water.
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9.07 Dinghy docks: In shallow water areas,where conventional docks cannot meet the i
required water depth,dinghy docks may be allowable.
Brewster Conservation Commission Minutes January 3, 2017 3
9.08 Plant and Wildlife Impacts:All dock proposals should be accompanied by a survey of
submerged aquatic vegetation,emergent aquatic vegetation,wetland vegetation,and
shellfish in the proposed location of a dock.The survey should document existing species
and provide an assessment of potential impacts from the dock. The survey shall be I
conducted by a knowledgeable professional approved by the Conservation Commission.
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Administrator Bramer clarified that as stated above, the term "dock" refers to both portions of the
structure, including the ramp.
Ms. Bramer then referenced examples of nearby newly approved docks meeting the above
regulations. In addition, a dock on an immediate abutting property, most likely having similar
bathometric (topography under a waterbody) characteristics was approved by the Commission in
2015 with dimensions compliant with the Regulations. She also recommended the applicant
consider alternatives not included in the NO] variance alternatives analysis.
She further reminded Ms. Ricks that the project will likely be subject to a license under Chapter
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91 Waterways Program of the MA DEP, to allow public passage for the purpose of fishing,
fowling, navigation and strolling.
Summary of Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan*.
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Commission discussion centered on the length of the proposed dock and ramp. The
Conservation Commission consensually agreed that the project as proposed, does not comply
with the Regulations for docks under the BWP By-law, and that the applicant must redesign the
project so that it does so in total dimensions.
Summary of Public Comments
The public had no comment.
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Hayley Winfield moved, William Klein seconded the motion to continue the hearing to January 17,
2017, to allow receipt of the following:
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Response from the MA Division of Fisheries and Wildlife, MA Natural Heritage and Endangered
Species Program (NHESP) as to the project's occurrence in and potential effect on Priority
Habitat for non-wetlands plant and wildlife under the MA Endangered Species Act(MESA), and
Estimated Habitat Map of Rare Wildlife under the WPA.
A re-designed structure, compliant with the Regulations for Docks and Piers under the BWP By-
law. The Commission unanimously approved the motion.
`List of documents submitted for the Notice of Intent and discussed at this hearing.
1. Site Plan, Coastal Engineering...1211116,Narrative,Variance Request
2, Rare Species,310 CMR 10.59 Natural Heritage and Endangered Species Map as Priority Habitat under the
MA Endangered Species Act(MESA)and Estimated Habitat under MA Wetlands Protection Act(WPA)
regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife I
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The MA Department of Youth Services requests a variance from the Brewster Wetlands Protection
Bylaw to replace existing overhead electrical lines with underground electrical lines connecting to
the DYS Stephen L. French Forestry Camp within Nickerson State Park. Property Is In Nickerson i
State Park on 3466 Main Street,Assessors' Map 114, Parcel 63 (formerly 4312).
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The project is located on the MA Natural Heritage and Endangered Species Map* as an area of
rare plant and wildlife habitat and rare wetlands wildlife.*
Summary of Applicant Testimony
Brewster Conservation Commission Minutes January 3, 2017 4
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Brian Madden, LEC Environmental Consultants, Inc., represented the applicant. He described
the various inland resource areas and described at length, the project as contained In the Notice
of Intent, narrative, variance request, Delineation Field Data Forms and displayed pians*... He
stressed that work will be in consideration of the wetlands involved. He remarked that some of the
wetlands exhibit susceptible vernal pool characteristics.
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plans*.
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Of note to the Conservation Administrator was that the applicant submit protocol on the depth of
trenching for the electric lines should dewatering in some areas close to wetlands be necessary.
Mr. Madden replied that he doesn't anticipate that it will be, but he will submit documentation in j
anticipation of such an event for the file record.
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Commission discussion included a request for clarification from Mr. Madden as to the reason for
the tract chosen for the new underground electric lines, and the timeline for the project. Mr.
Madden answered that the tract was chosen for considerations of topography and wetland I
interests, and the work will not occur during the summer season. The Natural Heritage and
Endangered Species Program may ultimately determine the appropriate time of year allowed for 'I
the project, for protection of endangered species. Mr. Madden will submit specifics as to whether
the project might be phased, in answer to a Commissioner request.
Referencing specifically trees slated for removal as contained on Sheet 10 of the proposed site
plan*, Commissioners also requested that mature native oak and other trees within 100 feet of
wetlands not be removed if at all possible and that mitigation for necessary treeishrub removal be
on a 2:1 basis within 100 and 50 feet of wetlands (diverse shrub/trees from the Cape Cod
Cooperative Extension Service (www.caoecodextension.ora), list of acceptable plantings for fresh
water buffer zones depicting the species, size and natural spacing of plants conducive for wildlife
habitat and appropriate for this environment).
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The Commissioners requested that any Order of Conditions approved contain a special condition j
relating to the discussed tree removal,
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Commissioners also believed that projects along roadways such as this, should require natural;
as opposed to synthetic erosion control barriers in compliance with esthetic interests.
Summary of Public Comments
The public had no comment. i
Hayley Winfield moved, William Klein seconded the motion to continue the hearing to January 17,
2017, for receipt of the following:
File number from MA Department of Environmental Protection (DEP), showing the
application under the State is complete;
Response from the MA Division of Fisheries and Wildlife, MA Natural Heritage and
Endangered Species Program (NHESP) as to the project's occurrence in and
potential effect on Priority Habitat for non-wetlands plant and wildlife under the MA i
Endangered Species Act (MESA), and Estimated Habitat Map of Rare Wildlife under
the WPA.
And in anticipation of the above, for the Conservation Administrator to draft findings and special
conditions for an Order of Conditions for the project. The Commission unanimously approved
the motion.
`List of documents submitted for the Notice of Intent and discussed at this hearing:
Brewster Conservation Commission Minutes January 3, 2017 5
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1. Site Plan,Commonwealth of MA Project DYS2FY06HD1 Repairs and.Renovations to MEP Systems
Dept.Youth Services.,.Sheets 1-12 December,2016, Kevin P.Klein,PE Narrative,Variance Request
2. Rare Species,310 CMR 10.59 Natural Heritage and Endangered Species Map as Priority Habitat under
the MA Endangered Species Act(MESA)and Estimated Habitat under MA Wetlands Protection Act
(WPA)regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife
3, 310 CMR 10.55 Delineation Field Data Forms
Citizens' Forum
The public had no comment at this time.
Report of the Natural Resources Director
Town of Brewster, 830 Stony Brook Road, Assessor's Map 35, Parcel 47 (formerly 36121)
Mr. Miller stated that he and the Conservation Administrator are in the process of discussion as to
the need for new wetland permitting for work on replacing an existing shed enclosing a public
sanitary facility at the above site, or whether it can be achieved by means of an existing Order of
Conditions.
Report of the Conservation Administrator
***Sears Point Condominium Association, Sears Point Drive Violations of Order of
Conditions SE 9-1640
The Conservation Administrator reported she has obtained information on the contractor
responsible for certain serious coastal violations for which she will issue an enforcement order;
ratification/discussion of which will be a subject of the agenda of January 17, 2017.
Requests for Extensions to Orders of Condition
1. McQueen, SE 9-1611, 71 Carver Road, 50144 (3121)
Following the recommendation of the Conservation Administrator, William Klein moved,
Peter Wells seconded the motion to approve the above referenced request for an
extension, under the MA ACT and BWP Bylaw for one year. The Commission
unanimously approved the motion.
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McQueen, 71 Carver Road, 50144(3121)
Ms, Bramer informed the Commission that while on the site, she observed three sets of
spotlights illuminating the coastal resource area. The Commission directed her to write to
the property owner, explaining that (approved) exterior lights...shall be directed
downward and shielded so the light does not illuminate wildlife habitat in jurisdictional
areas. Spotlights and floodlights shall not be installed within the 100 foot buffer zone of a i
resource area; nor shall any spotlight or floodlight penetrate a resource area or 100 foot j
buffer zone. I
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Review and Approval of Minutes
1. December 20, 2016
Having reviewed the above referenced minutes, Hayley Winfield moved, Bruce Evans
seconded the motion to approve them as written. The Commission unanimously
approved the motion.
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Document signatures
At 8:00 PM, Hayley Winfield moved, Bruce Evans seconded the motion to adjourn the meeting,
The Commission unanimously approved the motion.
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The meeting adjourned at 8:00 PM.
Carol Spade
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*Note:
The words, "wetland"and"resource area"are synonymous.
The 100 and 50 foot buffer zone Is the protective upland area located within 100 and 60 feet of a wetland.
Brewster Conservation Commission Minutes January 3, 2017 6
As the municipal focal point for environmental protection Conservation Commissions were given the
responsibility In 1972 for administering the ACT.Since that time the Commissions have served In a regulatory as
well as a conservation capacity.
In 1979,Lovequist v.Conservation Commission of Town of Dennis,the Supreme Judicial Court upheld that by-
laws are not In conflict with the Wetlands Protection Act,so long as they impose stricter standards on projects
affecting wetlands and other resource areas.
Among the list of documents"for this meeting Is the following:
1. Conservation Commission Approved Planting Ust:Cape Cod Cooperative Extension Service
(www.capecodextension.org),list of native woody plants for coastal/inland wetland buffer zones
depicting the species,size and natural spacing of plants
2, Massachusetts Department of Agricultural Resources...Invasive Plants in Massachusetts1/1/05
3. Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website http:#town.brewster.ma.us
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Brewster Conservation Commission Minutes January 3, 2017 7
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Real Estate Reminder
Balances are reflected with interest projected through 1/17/2017
Letters were sent for the accounts listed below on 1/17/2017
Account dumber Property Location Owner Name Parcel ID Total Owed
45-70-1 1399 FREEMANS WAY MERRIMACK VALLEY HOLDING C 131-7-0 $14,551.25
6-74-0 55 ANCHORS AWEIGH ROAD ORTWEIN NANCI L 79-92-0 $11,124.08
25-1-0 292 A P NEWCOMB ROAD FINLAY GERALDINE 25-1-0 " a $10,853.99
26-15-0 228 UNDERPASS ROAD MOONEY KATELYN A 77-4-0 $13,177.33
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26-25-0 403 UNDERPASS ROAD ANDREW R MCKINNEY 76-36-0 # v $19,327.03
27-4401-1A 100 CHILTON LANE HAGAN WILLIAM J & 89-1-3891 =,,".'STAR $4,888.19
'S CF7
32-2-4 64 OLD MEADOW ROAD HENCHY WILLIAM C&SANDRA D 98-52-0 _ $33,872.95
32-5-0 Cliff Pond Road Rear Unknown 98-51-0 $85,826.18
36-22-0 PAINES CREEK ROAD KROEGER MARJORIE P 36-22-0 $2,849.D5
38-142-0 56 Glenwood Road(Bldgs) Neimisto William U 10-12-0 $44,828.33
38-88-0 232 ROBBINS HILL ROAD CARITAS UNLIMITED LLC 38-88-0 $42,529.98
40-63-17A Lake Shore Drive Heirs of Nelson F Perry 52-109A-0 $2,267.79
40-63-17B Lake Shore Drive Murphy Walter G Sr Trustee 52-1096-0 $851.69
45-32-0 57 JACKSON ROAD DAMOUR SUZANNE R TRUSTEE 45-32-0 $15,646.97
3-120-0 87 Center Street(Bldgs) JANICE M MACMILLAN 49-115-0 $31,745.59
55-133-0 498 TUBMAN ROAD TAYLOR JULIAN H&SARAH 55-133-0 $7,551.04
101-77-0 16 WHITE SWALLOW CARTWAY HOLBROOK MARK D&JANICE B 101-77-0 $41.21
95-20-0 41 QUAKER LANE ANDERSON NORMA JEAN 95-20-0 $14,591.78
69-47-0 7 TITOS LANE KAREN ROBINSON EXECUTRIX 69-47-0 $33,036.52
69-44-376 120 WINTERHOFF TRAIL BROWNVILLE C GORDON JR 69.44-376 $12,742.21
58-34-0 282 BREAKWATER ROAD ERDOS KAREN 58-34-0 $15,510.20
45-43-0 CLAY HOLE ROAD ROLAND M MAYO JR 145-8-0 $23,426.89
57-3-256 23 WHEELER DRIVE HIRSCH RALPH I&MARCIE SCH 57-3-256 $7,002.26
45-44-0 Off Orleans-Harwich Road(Orleans Unknown Owner 151-4-0 $33,623.06
Tuesday,January 17,2017 Page 1 of 2
Account Number Property Location Owner Name Parcel ID Total Owed
52-90-0 Wayside Drive Elliott John H 130-16-0 $60,018.67
51-70-1 SLOUGH ROAD C&F DEVELOPERS INC 19-48-0 $486.71
48-85-0 1464 MAIN STREET CHUNG BENJAMIN J 48-85-0 $5,314.48
47-67-0 OLD LONG POND ROAD CAHOON NATHANIEL B HEIRS 0 93-59-0 $1,242.33
45-77-0 CLAY HOLE ROAD ROLAND M MAYO JR 145-9-0 $23,810.77
Deferral-8444 120 WINTERHOFF TRAIL C GORDON BROWNVILLE JR 69-44-376 $23,654.02
57-3-257 21 WHEELER DRIVE HIRSCH RALPH I& 57-3-257 $6,813.21
Total Number of Accounts: 31 Totals: $599,205.76
Tuesday,January 17,2017 Page 2 of 2
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Lower Cape Outreach Council, Inc.
REPORT TO THE TOWN OF BREWSTER
FISCAL YEAR 2017
Quarter: 1. Jul -Sept. 2. Oct- Dec 3. Jan -Mar 4. Apr- Jun Year to Date
Service Provided
Cash Assistance _ $17,321.30 $24,193.67 $41,514.97
#of Households ** 51 70 121
Food; Value in $ $13,120.00 $17,040.00 $30,160.00
# of Orders ** 88 102 190
#of Adults 120 147 267 I
#of Children 52 132 184
#of Seniors 26 23 49
Food Distribution Date Jul, Aug, Sep Oct, Nov, Dec Jan, Feb, Mar Apr, May, Jude
Value in $ $1,905.26 $1,063.38 $2,968.64
#of Orders Y* 61 35 961
Thanksgiving Baskets in $ $2,400.00 $2,400.00
#of Orders** 30 30
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#of People 86 86 j
Clothing Value in $ .$5,357.50 $6,702.50 $12,060.00 !
#of Orders ** 90 110 200
#of Adults 64 72 136
#of Children 72 60 132
#of Seniors 4 2 6
Holiday Toys Value in $ $6,600.00 $6,600.00
#of Families "* 40 40
# of Children 84 84
**Total Units of Service 290 431 0 0 721_
Value per Unit of Service $130.01 $134.57 #DMO! #DIV101 $132.74
TOTAL CASH VALUE $37,704.06 $57,999.55 $0.00 $0.00 $95,703.61
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